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May 19, 2008

Table of Contents

LATEST SUMMARIES

ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, GOVERNMENT LAW, HEALTH LAW, M&A
• Robert F. Kennedy Med. Ctr. v. Leavitt

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Dallman

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LATEST SUMMARIES

ADMINISTRATIVE LAW, GOVERNMENT BENEFITS, GOVERNMENT LAW, HEALTH LAW, M&A
Robert F. Kennedy Med. Ctr. v. Leavitt, No. 06-56367
Summary judgment affirming a denial of plaintiff-hospital operator's Medicare reimbursement request is affirmed over a claim that the Secretary of Health and Human Services had to reimburse it for depreciation losses resulting from its disposal of assets through a statutory merger. Plaintiff is not eligible for reimbursement because the merger at issue did not qualify as a "bona fide sale" under 42 C.F.R. section 413.134(f). Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Dallman, No. 05-30349
A sentence for possession and importation of marijuana and conspiracy to possess marijuana is affirmed primarily where the district court did not err in: 1) viewing the conspiracy in which defendant and two others participated as a joint undertaking rather than as several separate criminal activities; or 2) as a result, basing its calculation of defendant's Guidelines range on the aggregate amount of marijuana that the three men carried. Read more...


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