Legal Opinion

Cardiosom, LLC v. United States

Court of Appeals for the Federal Circuit

Decided August 31, 2011No. 2010-5109PublishedCited by 17 opinions

1Opinion of the Court

PLAGER, Circuit Judge.

This case calls on us to determine whether, as Plaintiff-Appellant argues, the United States Court of Federal Claims (“Court of Federal Claims”) has subject matter jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1), over a breach of contract claim, when a statute related to the claim was read by that court to bar judicial review.

Congress, in 2008, enacted a revision to part of the Medicare statutes, known as the Medicare Improvements for Patients and Providers Act of 2008, Pub.L. 110-275, codified at 42 U.S.C. § 1395w-3 (the “2008 Amendment”). The 2008 Amendment…

2Cases cited14 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
  3. United States v. Winstar Corp.Supreme Court of the United States · 1996
  4. United States v. Borden Co.Supreme Court of the United States · 1939
  5. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990

9 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Texas Alliance For Home Care v. Kathleen SebeliusCourt of Appeals for the D.C. Circuit · 2012
  2. Rembrandt Wireless Technologies, LP v. Samsung Electronics Co.Court of Appeals for the Federal Circuit · 2017
  3. Texas Alliance for Home Care Services v. SebeliusDistrict Court, District of Columbia · 2011
  4. Insurance Co. of the West v. United StatesUnited States Court of Federal Claims · 2011
  5. B & H Medical, LLC v. United StatesUnited States Court of Federal Claims · 2014

12 more not listed; retrieve them via the Exa API.

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