Legal Opinion

Oaks of Mid City Resident Council v. Sebelius

Court of Appeals for the Fifth Circuit

Decided July 17, 2013No. 12-30860PublishedCited by 4 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The government sought to terminate Oaks, a nursing facility, from the Medicare program. It sent Oaks a Notice of Termination. The district court enjoined the government from relying on that Notice. Because the government did not rely on the Notice while the injunction was in ef feet, we REVERSE the contempt order entered against it.

I

The Centers for Medicare & Medicaid Services (CMS) is a federal agency that administers the Medicare program. Medicare reimburses qualified nursing facilities for certain services that they provide to their patients. Payments…

2Cases cited9 opinions

  1. Karaha Bodas Co. v. Perusahaan Pertambangan Minyak Dan Gas Bumi NegaraCourt of Appeals for the Fifth Circuit · 2003
  2. Travelhost, Inc. v. Carl L. Blandford, Karen Hoffman and Steve Bunyard, Non-PartyCourt of Appeals for the Fifth Circuit · 1996
  3. Norman Bridge Drug Company v. Michael Banner, John R. Bartels, Jr., Administrator, Drug Enforcement AdministrationCourt of Appeals for the Fifth Circuit · 1976
  4. Lynn Martin, Secretary, United States Department of Labor v. Trinity Industries, Inc., a Corporation, and Gary Schmedt, an IndividualCourt of Appeals for the Fifth Circuit · 1992
  5. Piggly Wiggly Clarksville, Inc, Johnson County v. Mrs. Baird's Bakeries v. Pat Coyle, Movant-Appellant v. Johnny B. TuckerCourt of Appeals for the Fifth Circuit · 1999

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3Cited by4 opinions

  1. United States v. Lavabit, LLC.Court of Appeals for the Fourth Circuit · 2014
  2. Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc.Court of Appeals for the Fifth Circuit · 2015
  3. In Re: Under SealCourt of Appeals for the Fourth Circuit · 2014
  4. Ravago Americas L.L.C. v. Vinmar International LtdCourt of Appeals for the Fifth Circuit · 2020

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