Legal Opinion
Bradley v. Sebelius
Court of Appeals for the Eleventh Circuit
Decided September 29, 2010No. 09-13765PublishedCited by 21 opinions
1Opinion of the Court
HILL, Circuit Judge:
The facts of this claim against a Florida nursing home for neglect and abuse are simple and not in dispute. However, the question of law as to the interplay between the Florida Wrongful Death Act (FWDA) and the federal Medicare Secondary Payer statute (MSP) is an issue of first impression in this court.
I
Charles Burke (Burke or Decedent) resided in a Gainesville nursing home for approximately eighteen (18) months. In November 2004, Burke was removed from the nursing home and admitted to a Gainesville medical hospital. On January 30, 2005, he died in the hospital as a result…
2Cases cited17 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Hines v. Anchor Motor Freight, Inc.Supreme Court of the United States · 1976
- Shalala v. Guernsey Memorial HospitalSupreme Court of the United States · 1995
- McDermott, Inc. v. AmClydeSupreme Court of the United States · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Taransky v. Secretary of the United States Department of Health & Human ServicesCourt of Appeals for the Third Circuit · 2014
- Guadalupe Caldera v. Ins Co. of the State of PACourt of Appeals for the Fifth Circuit · 2013
- MCG Health, Inc. v. Owners InsuranceSupreme Court of Georgia · 2011
- Milton Diaz v. United States Citizenship and Immigration ServicesCourt of Appeals for the Eleventh Circuit · 2012
- Benson v. SebeliusDistrict Court, District of Columbia · 2011
16 more not listed; retrieve them via the Exa API.