§Why CasetextPricing

Apollomd Business Services, L.L.C. v. Amerigroup Corporation (Delaware) et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,259 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,210 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

  4. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,637 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  5. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,704 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  6. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,332 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  7. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,906 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  8. Correa v. Hospital San Francisco

    69 F.3d 1184 (1st Cir. 1995)   Cited 318 times
    Holding that "[t]he essence of [the EMTALA's requirement] is that there be some screening and that it be administered evenhandedly"

  9. Brogdon ex Rel. Cline v. National Healthcare Corp.

    103 F. Supp. 2d 1322 (N.D. Ga. 2000)   Cited 150 times
    Holding that a party "may not employ a motion for reconsideration as a vehicle to present new arguments"

  10. Love v. Delta Air Lines

    310 F.3d 1347 (11th Cir. 2002)   Cited 134 times   3 Legal Analyses
    Holding that there is no implied private right of action to sue under the ACAA in federal district court

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,449 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,889 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,369 times   41 Legal Analyses
    Providing for civil penalties of up to $50,000 for a physician who "signs a certification under subsection (c) ... if the physician knew or should have known that the benefits did not outweigh the risks"

  14. Section 18116 - Nondiscrimination

    42 U.S.C. § 18116   Cited 281 times   15 Legal Analyses
    Granting the HHS Secretary power to promulgate Section 1557's implementing regulations through notice and comment

  15. Section 5000A - Requirement to maintain minimum essential coverage

    26 U.S.C. § 5000A   Cited 199 times   23 Legal Analyses
    Setting out IRS enforcement only of the taxpayer's failure to pay the penalty, not of the taxpayer's failure to maintain minimum essential coverage

  16. Section 300gg-22 - Enforcement

    42 U.S.C. § 300gg-22   Cited 65 times   2 Legal Analyses
    Authorizing the Secretary of HHS to exact penalties against non-compliant insurers in states where the state government does not enforce the health insurance requirements

  17. Section 300gg-91 - Definitions

    42 U.S.C. § 300gg-91   Cited 54 times   9 Legal Analyses
    Defining “excepted benefits” for fixed indemnity plans

  18. Section 300gg-5 - Non-discrimination in health care

    42 U.S.C. § 300gg-5   Cited 38 times

    (a) Providers A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions

  19. Section 300gg-3 - Prohibition of preexisting condition exclusions or other discrimination based on health status

    42 U.S.C. § 300gg-3   Cited 19 times   1 Legal Analyses
    Defining “creditable coverage”

  20. Section 300gg-12 - Prohibition on rescissions

    42 U.S.C. § 300gg-12   Cited 12 times

    A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may

  21. Section 147.138 - Patient protections

    45 C.F.R. § 147.138   Cited 4 times   2 Legal Analyses

    (a)Choice of health care professional- (1)Designation of primary care provider- (i)In general. If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, requires or provides for designation by a participant, beneficiary, or enrollee of a participating primary care provider, then the plan or issuer must permit each participant, beneficiary, or enrollee to designate any participating primary care provider who is available to accept the participant