Legal Opinion

Berge v. United States of America

District Court, District of Columbia

Decided June 5, 2013No. Civil Action No. 2010-0373PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

REGGIE B. WALTON, District Judge.

The named plaintiffs, Kenneth and Dawn Berge, bring this class action on behalf of themselves, their minor child Z.B., and all others similarly situated, against the defendants, the United States of America, the Department of Defense (“the Agency”), TRICARE Management Activity, and Chuck Hagel, United States Secretary of Defense, 1 alleging that the defendants’ denial of coverage for Applied Behavioral Analysis (“ABA”) therapy under the TRICARE Basic Program is “arbitrary, capricious, and contrary to law and regulation” in violation of the…

2Cases cited25 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  3. Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
  4. Myrna O'Dell Firestone v. Leonard K. FirestoneCourt of Appeals for the D.C. Circuit · 1996
  5. Cobell, Elouise v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2001

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3Cited by12 opinions

  1. Damus v. NielsenCourt of Appeals for the D.C. Circuit · 2018
  2. Am. Hosp. Ass'n v. AzarCourt of Appeals for the D.C. Circuit · 2019
  3. Huff v. VilsackDistrict Court, District of Columbia · 2016
  4. Bayshore Cmty. Hosp. v. HarganCourt of Appeals for the D.C. Circuit · 2017
  5. Farmer v. Colorado Parks & Wildlife CommissionColorado Court of Appeals · 2016

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