Legal Opinion

Infinity Healthcare Servs., Inc. v. Azar

District Court, S.D. Texas

Decided November 19, 2018No. CIVIL ACTION NO. H-18-1626PublishedCited by 8 opinions

1Opinion of the Court

EWING WERLEIN, JR., UNITED STATES DISTRICT JUDGE

Pending is Plaintiff's Renewed Motion for Temporary Restraining Order (Document No. 16), which by agreement of the parties was converted to a motion for preliminary injunction. Plaintiff seeks preliminarily to enjoin the Secretary from acting pursuant to 42 U.S.C. §§ 1395g(a) and 1395ddd(f) to recoup from Plaintiff overpayments of Medicare funds paid to Plaintiff. The Court held an evidentiary hearing on the motion on October 31, 2018. After carefully considering the motion, response, supplemental response, advisory and response thereto,…

2Cases cited15 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. King v. BurwellSupreme Court of the United States · 2015
  5. Utility Air Regulatory Group v. EPASupreme Court of the United States · 2014

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3Cited by8 opinions

  1. Med-Cert Home Care, LLC v. AzarDistrict Court, N.D. Texas · 2019
  2. Acute Care Ambulance Service, LLC v. Alex M. Azar IIDistrict Court, S.D. Texas · 2020
  3. Anchorage SNF, LLC v. PadillaDistrict Court, D. Maryland · 2023
  4. Angels of Care Home Health Inc v. Azar, IIDistrict Court, N.D. Texas · 2021
  5. Elite Medical Laboratory Solutions, LLC v. BecerraDistrict Court, N.D. Texas · 2022

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