99 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,819 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 112,942 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,228 times   224 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
  4. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,620 times   504 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  5. Tyson Foods, Inc. v. Bouaphakeo

    577 U.S. 442 (2016)   Cited 1,176 times   79 Legal Analyses
    Holding "persuasiveness is, in general, a matter for the jury" and not grounds for denying class certification unless "no reasonable juror could have believed" plaintiffs' evidence of an essential element of their claim
  6. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
  7. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,276 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"
  8. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,746 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment
  9. Brainard v. Sec. of Health and Human Services

    889 F.2d 679 (6th Cir. 1989)   Cited 2,891 times
    Defining substantial evidence as "more than a scintilla of evidence but less than a preponderance"
  10. U.S. ex Rel. Willard v. Humana Health Plan

    336 F.3d 375 (5th Cir. 2003)   Cited 949 times
    Holding that the district court did not abuse its discretion in not allowing the plaintiff to amend its complaint because the plaintiff had already had two opportunities to amend their complaint
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 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 155,985 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346
  13. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,581 times   251 Legal Analyses
    Adopting the Daubert standard
  14. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,708 times   624 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented
  15. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,345 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit
  16. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,735 times   69 Legal Analyses
    Adopting the definition set out in the APA
  17. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,438 times   312 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals
  18. Section 1395y - Exclusions from coverage and medicare as secondary payer

    42 U.S.C. § 1395y   Cited 1,296 times   66 Legal Analyses
    Granting the government subrogation rights
  19. Section 1395x - Definitions

    42 U.S.C. § 1395x   Cited 1,160 times   40 Legal Analyses
    Stating that the regulations "may provide for using different methods in different circumstances"
  20. Section 1395ff - Determinations; appeals

    42 U.S.C. § 1395ff   Cited 792 times   21 Legal Analyses
    Adopting the Social Security statute 42 U.S.C. § 405(g), which confers on federal courts the jurisdiction to hear Medicare claims after administrative review has been exhausted
  21. Section 1001.952 - Exceptions

    42 C.F.R. § 1001.952   Cited 128 times   164 Legal Analyses
    Concerning "payment made by a lessee to a lessor"
  22. Section 405.940 - Right to a redetermination

    42 C.F.R. § 405.940   Cited 71 times

    A person or entity that may be a party to a redetermination in accordance with § 405.906(b) and that is dissatisfied with an initial determination may request a redetermination by a contractor in accordance with § 405.940 through § 405.958 , regardless of the amount in controversy. 42 C.F.R. §405.940

  23. Section 405.1130 - Effect of the Council's decision

    42 C.F.R. § 405.1130   Cited 70 times
    Describing when an administrative appeals decision becomes binding on the parties
  24. Section 418.22 - Certification of terminal illness

    42 C.F.R. § 418.22   Cited 29 times   9 Legal Analyses
    Stating "general rule" that hospice provider "must obtain written certification of terminal illness" for each claimed period of care
  25. Section 405.902 - Definitions

    42 C.F.R. § 405.902   Cited 28 times   3 Legal Analyses
    Defining fiscal intermediary
  26. Section 405.980 - Reopening of initial determinations, redeterminations, reconsiderations, decisions, and reviews

    42 C.F.R. § 405.980   Cited 25 times   7 Legal Analyses
    Defining a reopening as "a remedial action taken to change a final determination or decision that resulted in either an overpayment or underpayment"
  27. Section 405.926 - Actions that are not initial determinations

    42 C.F.R. § 405.926   Cited 21 times   2 Legal Analyses
    Providing that a determination that a claim is "incomplete, invalid, or do[es] not meet the requirements for a Medicare claim" is not appealable
  28. Section 418.56 - Condition of participation: Interdisciplinary group, care planning, and coordination of services

    42 C.F.R. § 418.56   Cited 9 times   2 Legal Analyses

    The hospice must designate an interdisciplinary group or groups as specified in paragraph (a) of this section which, in consultation with the patient's attending physician, must prepare a written plan of care for each patient. The plan of care must specify the hospice care and services necessary to meet the patient and family-specific needs identified in the comprehensive assessment as such needs relate to the terminal illness and related conditions. (a)Standard: Approach to service delivery. (1)

  29. Section 418.25 - Admission to hospice care

    42 C.F.R. § 418.25   Cited 7 times   1 Legal Analyses
    Establishing that, "[i]n reaching a decision to certify that the patient is terminally ill, the hospice medical direct must consider at least" the diagnosis of the patient, other health conditions, and "[c]urrent clinically relevant information supporting all diagnoses"
  30. Section 418.26 - Discharge from hospice care

    42 C.F.R. § 418.26   Cited 5 times

    (a)Reasons for discharge. A hospice may discharge a patient if- (1) The patient moves out of the hospice's service area or transfers to another hospice; (2) The hospice determines that the patient is no longer terminally ill; or (3) The hospice determines, under a policy set by the hospice for the purpose of addressing discharge for cause that meets the requirements of paragraphs (a)(3)(i) through (a)(3)(iv) of this section, that the patient's (or other persons in the patient's home) behavior is