Legal Opinion

BP Care, Inc. v. Thompson

District Court, S.D. Ohio

Decided September 26, 2003No. C-1-01-526PublishedCited by 3 opinions

1Opinion of the Court

ORDER DENYING PLAINTIFF’S MOTION TO STRIKE AND GRANTING DEFENDANTS’ MOTION TO DISMISS

DLOTT, District Judge.

This matter comes before the Court on Defendants’ Motion to Dismiss Complaint and Cross-Claim, (Doc. # 15) and Plaintiffs Motion to Strike Defendant’s Motion to Dismiss (Doc. # 18). Defendants Tommy Thompson and the Department of Health and Human Services (“HHS”), collectively referred to as the Centers for Medicare and Medicaid Services (“CMS”) 1 move pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss this action on the ground that the Court lacks subject matter…

2Cases cited19 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Heckler v. RingerSupreme Court of the United States · 1984
  5. Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000

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3Cited by3 opinions

  1. Bp Care, Inc. v. Tommy Thompson, Secretary, United States Department of Health and Human Services Department of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 2005
  2. Delta Health Group, Inc. v. United States Department of Health & Human ServicesDistrict Court, N.D. Florida · 2006
  3. BP Care, Inc. v. ThompsonCourt of Appeals for the Sixth Circuit · 2005

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