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Cornerstone Medical Center, L.L.C. et al v. Blue Cross/Blue Shield Healthcare Plan of Georgia, Inc. et al

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

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Ebay Inc. v. Mercexchange, L. L. C.

    547 U.S. 388 (2006)   Cited 3,905 times   131 Legal Analyses
    Holding that traditional four-factor test applies to injunctions against patent infringement

  4. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,056 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  5. La Grasta v. First Union Securities, Inc.

    358 F.3d 840 (11th Cir. 2004)   Cited 1,380 times   1 Legal Analyses
    Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

  6. Adams v. California Dept

    487 F.3d 684 (9th Cir. 2007)   Cited 938 times
    Holding that separate federal statutes "establish[ing] distinct rights enforceable by litigants" are not alone sufficient to differentiate prior and later filed actions

  7. Klay v. United Healthgroup, Inc.

    376 F.3d 1092 (11th Cir. 2004)   Cited 605 times
    Holding that to demonstrate their entitlement to injunctive relief the plaintiffs must sufficiently allege, among other things, "a substantial likelihood of success on the merits" and that "irreparable injury will be suffered unless the injunction issues"

  8. Cate v. Oldham

    707 F.2d 1176 (11th Cir. 1983)   Cited 375 times
    Holding the "strong public interest in protecting First Amendment values" favored preliminary injunctive relief

  9. Vanover v. NCO Fin. Servs., Inc.

    857 F.3d 833 (11th Cir. 2017)   Cited 108 times
    Holding that district court did not err in concluding that movant did not carry her burden under Rule 19 where movant failed to demonstrate that she could not obtain full relief from the existing opposing party

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

    103 F. Supp. 2d 1322 (N.D. Ga. 2000)   Cited 154 times
    Holding that a party "may not employ a motion for reconsideration as a vehicle to present new arguments"

  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,548 times   173 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  17. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,020 times   53 Legal Analyses
    Saving clause

  18. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,277 times   55 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

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

    42 U.S.C. § 1395dd   Cited 1,392 times   45 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"

  20. Section 10-1-390 - Short title

    Ga. Code § 10-1-390   Cited 247 times   3 Legal Analyses

    This part shall be known and may be cited as the "Fair Business Practices Act of 1975." OCGA § 10-1-390

  21. Section 489.24 - Special responsibilities of Medicare hospitals in emergency cases

    42 C.F.R. § 489.24   Cited 56 times   16 Legal Analyses
    Defining "patient" to include inpatients and outpatients

  22. Section 489.20 - Basic commitments

    42 C.F.R. § 489.20   Cited 16 times   5 Legal Analyses

    The provider agrees to the following: (a) To limit its charges to beneficiaries and to other individuals on their behalf, in accordance with provisions of subpart C of this part. (b) To comply with the requirements of subpart D of this part for the return or other disposition of any amounts incorrectly collected from a beneficiary or any other person in his or her behalf. (c) To comply with the requirements of § 420.203 of this chapter when it hires certain former employees of intermediaries. (d)

  23. Section 2590.715-2719A - Patient protections

    29 C.F.R. § 2590.715-2719A   Cited 11 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 health insurance coverage, requires or provides for designation by a participant or beneficiary of a participating primary care provider, then the plan or issuer must permit each participant or beneficiary to designate any participating primary care provider who is available to accept the participant or beneficiary. In such a case, the

  24. Section 438.114 - Emergency and poststabilization services

    42 C.F.R. § 438.114   Cited 11 times
    Listing Medicaid managed care organizations (MCOs, see 42 C.F.R. § 438.2 ) among the "entities ... responsible for coverage and payment of emergency services and poststabilization care services"

  25. Section 147.138 - Patient protections

    45 C.F.R. § 147.138   Cited 5 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

  26. Section 3 CCR 714-1-F-9

    3 Colo. Code Regs. § 714-1-F-9

    If more than 6 months passes between the date his Temporary License expires and the date he requests to sit for the licensing examination, the applicant shall be required to submit a completely new application. 3 CCR 714-1-F-9

  27. Section 54.9815-2719AT - Patient protections (temporary)

    26 C.F.R. § 54.9815-2719AT

    (a)-(b) [Reserved] (c)Applicability date. The provisions of this section are applicable to group health plans and health insurance issuers for plan years beginning before January 1, 2022. See also§§ 54.9816-4T through 54.9816-7T , 54.9817-1T , and 54.9822-1T for rules applicable with respect to plan years beginning on or after January 1, 2022. 26 C.F.R. §54.9815-2719AT T.D. 9951, 86 FR 36950, July 13, 2021 86 FR 36950, 9/13/2021