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).
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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.
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