§Why CasetextPricing

Cintron-Acevedo v. Department of Health Human Services

MOTION for Summary Judgment

41 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Bowen v. City of New York

    476 U.S. 467 (1986)   Cited 4,629 times   1 Legal Analyses
    Holding claims collateral because plaintiffs "neither sought nor were awarded benefits ... but rather challenged the Secretary’s failure to follow the application regulations"

  3. United States v. Dixon

    509 U.S. 688 (1993)   Cited 2,005 times   5 Legal Analyses
    Holding that the same-elements test inquires whether each offense contains an element not contained in the other; if not, they are the same offense and double jeopardy bars additional punishment and successive prosecution

  4. Hudson v. United States

    522 U.S. 93 (1997)   Cited 1,414 times   11 Legal Analyses
    Holding that courts must examine a statute "`on its face'" and may not consider the "`actual sanctions imposed'"

  5. Kennedy v. Mendoza-Martinez

    372 U.S. 144 (1963)   Cited 1,764 times   8 Legal Analyses
    Holding that, "[a]bsent conclusive evidence of congressional intent as to the penal nature of a statute, these factors must be considered in relation to the statute on its face"

  6. United States v. Ward

    448 U.S. 242 (1980)   Cited 807 times   1 Legal Analyses
    Holding that Sixth Amendment protections are available only in criminal proceedings

  7. Calero-Cerezo v. U.S. Dept. of Justice

    355 F.3d 6 (1st Cir. 2004)   Cited 1,202 times   2 Legal Analyses
    Holding that one-month period was sufficient temporal proximity for prima facie case

  8. Rodriguez v. Secretary of Health Human Services

    647 F.2d 218 (1st Cir. 1981)   Cited 2,184 times
    Holding that a plaintiff's impairments, comparable to those of Ms. Ortiz, were not of sufficient severity to warrant a finding of disability

  9. Dávila v. Corporación de Puerto Rico para la Difusión Pública

    498 F.3d 9 (1st Cir. 2007)   Cited 373 times   3 Legal Analyses
    Holding that "[w]hen assessing a claim of pretext in an employment discrimination case, a court's focus is necessarily on the motivations and perceptions of the decisionmaker"

  10. Tropigas De Puerto Rico, Inc. v. Certain Underwriters

    637 F.3d 53 (1st Cir. 2011)   Cited 322 times
    Holding that evidence that could "support an inference that one tank was hoisted in a less-than-optimal manner" did not allow a reasonable jury to further infer that "the hoisting operation caused the sort of damage of which the plaintiff complains"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 157,108 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  13. Section 3559 - Sentencing classification of offenses

    18 U.S.C. § 3559   Cited 3,398 times   15 Legal Analyses
    Prescribing penalties for violations of, inter alia, 18 U.S.C. §§ 2422, 2423, and 2251

  14. Section 1347 - Health care fraud

    18 U.S.C. § 1347   Cited 1,894 times   50 Legal Analyses
    Aiding and abetting and health-care fraud for Patient L

  15. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,517 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  16. Section 1320a-7 - Exclusion of certain individuals and entities from participation in Medicare and State health care programs

    42 U.S.C. § 1320a-7   Cited 255 times   52 Legal Analyses
    Permitting exclusion for "an act which is described in section 1320a–7a, 1320a–7b, or 1320a–8 of this title"

  17. Section 1320 - Approval of certain projects

    42 U.S.C. § 1320   Cited 231 times   10 Legal Analyses
    Proscribing fraud related to federal health care programs

  18. Section 1005.21 - Appeal to DAB

    42 C.F.R. § 1005.21   Cited 20 times
    Providing that an excluded individual may appeal ALJ decision to DAB

  19. Section 1001.2007 - Appeal of exclusions

    42 C.F.R. § 1001.2007   Cited 17 times
    Prohibiting collateral attacks on the underlying state determinations which form a basis for exclusion

  20. Section 1001.102 - Length of exclusion

    42 C.F.R. § 1001.102   Cited 15 times   1 Legal Analyses
    Providing factors that Department of Health and Human Services may consider in establishing exclusion

  21. Section 1001.2 - Definitions

    42 C.F.R. § 1001.2   Cited 12 times   3 Legal Analyses

    For purposes of this part: Agent means any person who has express or implied authority to obligate or act on behalf of an entity. Controlled substance means a drug or other substance, or immediate precursor: (a) Included in schedules I, II, III, IV or V of part B of subchapter I in 21 U.S.C. chapter 13, or (b) That is deemed a controlled substance by the law of any State. Convicted means that- (a) A judgment of conviction has been entered against an individual or entity by a Federal, State or local

  22. Section 1001.101 - Basis for liability

    42 C.F.R. § 1001.101   Cited 10 times

    The OIG will exclude any individual or entity that- (a) Has been convicted of a criminal offense related to the delivery of an item or service under Medicare or a State health care program, including the performance of management or administrative services relating to the delivery of items or services under any such program; (b) Has been convicted, under Federal or State law, of a criminal offense related to the neglect or abuse of a patient, in connection with the delivery of a health care item

  23. Section 1005.4 - Authority of the ALJ

    42 C.F.R. § 1005.4   Cited 7 times

    (a) The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made. (b) The ALJ has the authority to- (1) Set and change the date, time and place of the hearing upon reasonable notice to the parties; (2) Continue or recess the hearing in whole or in part for a reasonable period of time; (3) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;