§Why CasetextPricing

United States of America et al v. Halifax Hospital Medical Center et al

RESPONSE in Opposition re MOTION for summary judgment

16 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,149 times   41 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. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,449 times   2 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  3. Hickson Corp. v. Northern Crossarm Co., Inc.

    357 F.3d 1256 (11th Cir. 2004)   Cited 2,199 times
    Finding that the district court's inadvertent disregard of consumer survey research required vacatur of summary judgment against seller on his claim alleging false advertising in violation of the Lanham Act and noting that "consumer survey research often is a key part of a Lanham Act claim alleging that an advertisement is misleading or deceptive"

  4. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,860 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  5. Latimer v. Roaring Toyz, Inc.

    601 F.3d 1224 (11th Cir. 2010)   Cited 295 times
    Holding that "an implied license will be limited to a specific use only if that limitation is expressly conveyed"

  6. Jackson v. Seaboard Coast Line R. Co.

    678 F.2d 992 (11th Cir. 1982)   Cited 494 times
    Holding that conditions precedent to a Title VII suit, such as the requirement for a plaintiff to file an EEOC charge within 180 days of the alleged discrimination or retaliation at issue, are subject to Rule 9(c)

  7. U.S. v. RF Properties of Lake County, Inc.

    433 F.3d 1349 (11th Cir. 2005)   Cited 204 times   3 Legal Analyses
    Holding that Rule 9(b) was satisfied where the relator was a nurse practitioner in the defendant's employ who was required to bill under a doctor's provider number and whose conversations about the defendant's billing practices with the office manager formed the basis for the relator's belief that fraudulent claims were actually submitted to the government

  8. U.S. v. Southland Management Corp.

    326 F.3d 669 (5th Cir. 2003)   Cited 150 times   2 Legal Analyses
    Holding that compliance with regulations would not have led immediately to termination of housing assistance payments where intervening steps would likely have been taken before withholding payments

  9. Funding Systems Leasing Corp. v. Pugh

    530 F.2d 91 (5th Cir. 1976)   Cited 79 times
    In Funding Systems Leasing Corp. v. Pugh, 530 F.2d 91 (5th Cir. 1976), a virtual "goose case," we spoke to the time limitations for the assertion of a statute of frauds defense.

  10. U.S. v. Breathe Easy Pulmonary Services, Inc.

    597 F. Supp. 2d 1280 (M.D. Fla. 2009)   Cited 15 times   1 Legal Analyses

    Case No. 8:06-cv-40-T-33MAP. January 23, 2009. Barry A. Cohen, Christopher P. Jayson, Kevin J. Darken, Cohen, Jayson Foster, PA, Tampa, FL, for Plaintiff. Stephen Vincent Iglesias, Law Office of Stephen V. Iglesias, PA, Tampa, FL, for Defendants. ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter comes before the Court pursuant to Lincare's Motion for Summary Judgment (Doc. # 199), and Breathe Easy Pulmonary Services, Inc.'s and Premier Cardio Pulmonary Medical, Inc.'s Motion for

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,941 times   666 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 1395y - Exclusions from coverage and medicare as secondary payer

    42 U.S.C. § 1395y   Cited 1,325 times   66 Legal Analyses
    Granting the government subrogation rights

  14. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 431 times   139 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"

  15. Section 1320c-5 - Obligations of health care practitioners and providers of health care services; sanctions and penalties; hearings and review

    42 U.S.C. § 1320c-5   Cited 88 times   1 Legal Analyses

    (a) Assurances regarding services and items ordered or provided by practitioner or provider It shall be the obligation of any health care practitioner and any other person (including a hospital or other health care facility, organization, or agency) who provides health care services for which payment may be made (in whole or in part) under this chapter, to assure, to the extent of his authority that services or items ordered or provided by such practitioner or person to beneficiaries and recipients

  16. Section 1320a - Uniform reporting systems for health services facilities and organizations

    42 U.S.C. § 1320a   Cited 62 times   2 Legal Analyses

    (a) Establishment; criteria for regulations; requirements for hospitals For the purposes of reporting the cost of services provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing facilities, intermediate care facilities, home health agencies, health maintenance organizations, and other types of health services facilities and organizations to which payment may be made under this chapter, the Secretary shall establish by