Legal Opinion
Gerhart v. United States Department of Health & Human Services
District Court, S.D. Iowa
Decided March 16, 2017No. 4:16-cv-00151-RGE-CFBPublishedCited by 3 opinions
1Opinion of the Court
ORDER RE: DEFENDANTS’ MOTION TO DISMISS
Rebecca Goodgame Ebinger, United States District Judge
I. INTRODUCTION
The Department of Health and Human Services seeks dismissal of the present suit. The Department asserts this Court does not have jurisdiction because the requested damages are purely monetary in nature and could be adequately addressed in the Court of Federal Claims. Defs.’ Mot. Dismiss, ECF No. 61. The co-operative liquidators resist this motion, asserting this Court has jurisdiction because money damages are insufficient to address their claims. Pis.’ Resist. Defs.’ Mot. Dismiss, ECF…
2Cases cited39 opinions
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- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
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3Cited by3 opinions
- CAP CALL, LLC v. FOSTERUnited States Bankruptcy Court, D. Montana · 2020
- Dowling v. United States Department of Health and Human ServicesDistrict Court, N.D. Illinois · 2019
- Fry v. Centers for Medicare and Medicaid Services (CMS)District Court, N.D. Illinois · 2019