Legal Opinion

Bruce L. Erickson, M.D., and Great Falls Eye Surgery Center v. United States of America, Ex Rel., Department of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided October 5, 1995No. 94-36067PublishedCited by 48 opinions

1Opinion of the Court

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here the statutory duty of an officer of the United States to enforce the will of Congress when a Medicare provider is convicted of program fraud. The Secretary of Health and Human Services (the “Secretary”) appeals the district court’s grant of a permanent injunction to Dr. Bruce Erickson and his ophthalmological clinic, the Great Falls Eye Surgery Center (collectively, “plaintiffs”). The injunction prohibits the Secretary from excluding plaintiffs from federally-funded health care programs pursuant to 42 U.S.C. § 1320a-7(a)(l) until this court…

2Cases cited17 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. United States v. HalperSupreme Court of the United States · 1989
  3. Schroeder v. McDonaldCourt of Appeals for the Ninth Circuit · 1995
  4. George E. Vanelli, Plaintiff-Appellant/cross-Appellee v. Reynolds School District No. 7, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1982
  5. United States v. Clarence Jay Crozier, Manuel Isadore Pine, Alan Terry Stein, and Florence Margaret WolkeCourt of Appeals for the Ninth Circuit · 1985

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3Cited by48 opinions

  1. Avery Dennison Corp. v. SumptonCourt of Appeals for the Ninth Circuit · 1999
  2. Eduardo Guzman v. Sandra ShewryCourt of Appeals for the Ninth Circuit · 2009
  3. United States v. BowenCourt of Appeals for the Ninth Circuit · 1999
  4. K.W. Ex Rel. D.W. v. ArmstrongCourt of Appeals for the Ninth Circuit · 2015
  5. Burnsworth v. GundersonCourt of Appeals for the Ninth Circuit · 1999

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

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