The plaintiffs, Barry Hultman and his mother, Dorothy Hultman, appeal from the judgment rendered in favor of the defendant, Richard Blumenthal, 1 after the trial court granted the defendant’s motion to dismiss the plaintiffs’ cause of action for emotional distress arising from the defendant’s allegedly defamatory statements about the plaintiffs. The plaintiffs claim that t

The facts of this case are undisputed. Robert Steele is a practicing physician in Kokomo who is board certified in internal medicine and oncology. On April 6, 1995, Dr. Steele and the St. Vincent Hospital and Health Care Center, Inc. (“St. Vincent”) entered into an employment agreement that extended from April 1, 1995, through March 31, 2000. The agreement provided for the bi-weekly

The facts of this case are undisputed. Robert Steele is a practicing physician in Kokomo who is board certified in internal medicine and oncology. On April 6, 1995, Dr. Steele and the St. Vincent Hospital and Health Care Center, Inc. (“St. Vincent”) entered into an employment agreement that extended from April 1, 1995, through March 31, 2000. The agreement provided for the bi-weekly

In 1995, in an attempt to reap the savings that the private sector had achieved through managed health care programs and to improve beneficiaries' access to care, the State of Illinois announced an intended program that would require Medicaid recipients to be enrolled in managed health care plans. Because the state's announced program had the potential of threatening its patient base, UC

The Pennsylvania Pharmacists' Association and 16 pharmacies operating in southeastern Pennsylvania brought this action under 42 U.S.C. S 1983 against Feather O. Houstoun, the Secretary of the Pennsylvania Department of Public Welfare (the "Department"), to challenge the reimbursement rates paid to pharmacies under Pennsylvania's Medicaid program. The plaintiffs claimed that the Department,

The dispositive issue in this case is whether the trial court properly concluded that the creation of a testamentary trust is not a disqualifying transfer of assets under governing medicaid law. The defendant, the commissioner of the department of social services (department), claims that the creation of such a trust is a disqualifying transfer of assets rendering the plaintiff, Victoria Sk

Blanche E. Greenless appeals the dismissal of her suit under 42 U.S.C. § 1983 for declaratory and injunctive relief against the Governor of Rhode Island and various other state officials, all in their official capacities. Greenless seeks to represent all of Rhode Island's Medicaid recipients who have suffered damages from the use of tobacco. She claims that federal law requires Rhode Island to pa

This diversity jurisdiction action involves an attorneys' fee-sharing dispute between attorney Marc Edell (Edell) and his law firm, Edell & Associates, P.C., on the one hand, and the Law Offices of Peter G. Angelos (the Angelos Firm), on the other hand. The Attorney General of Maryland (the Maryland AG), Edell, his law firm, and the Angelos Firm jointly represented the State of Maryland (Mary

This case arises from a joint effort by the State of California and the Federal Bureau of Investigation ("FBI") to investi-gate fraud in the State's Medicaid/Medi-Cal Program. Plaintiffs are providers of medical services to Medi-Cal recip-ients. The California Department of Health Services ("DHS") instructed the Controller of the State of California ("Con-troller") to withhold payments to Pla

Mt. Lebanon Personal Care Home, Inc. (Mt. Lebanon) appeals from the district court's summary judgment for Hoover Universal, Inc. (Hoover) on Mt. Lebanon's tort/product-liability claims. The district court held that the economic loss doctrine bars Mt. Lebanon's tort claims. The district court had jurisdiction under 28 U.S.C. § 1332. We have jurisdiction under 28 U.S.C. § 1291. We AFFIRM.

I.

State officials charged with the administration of the Medicaid program in Florida appeal two separate orders arising out of the same litigation. The first appeal is from a contempt order entered on October 7, 1999, for their alleged failure to comply with the injunctive relief ordered in a 1996 final judgment involving the state's Medicaid program. The second appeal is from a class certification

The defendants appeal the district court's denial of their motions to dismiss based on Eleventh Amendment immunity and Federal Rule of Civil Procedure 12(b)(6). Pursuant to the collateral order doctrine, we have jurisdiction under 28 U.S.C. § 1291 to review the district court's denial of the defendants' motion asserting Eleventh Amendment immunity, see Puerto Rico Aqueduct & Sewer Auth. v. Metcal

Walgreen Company ("Walgreen") appeals the district court's denial of its motion for a preliminary injunction barring the Louisiana Department of Health and Hospitals ("the Department") from using tiered Medicaid pharmacy-reimbursement rates to calculate payments to pharmacies serving Louisiana Medicaid recipients. Because we find that Walgreen does not have a substantial likelihood of success on t

The issue now presented concerns the propriety of attorneys fees awarded by the district court to plaintiffs' counsel on the "catalyst theory" of success as a "prevailing party." The Supreme Court's recent opinion in Buckhannon Bd. and Care Home, Inc. v. W.V. Dep't of Health and Human Resources, --- U.S. ---, 121 S. Ct. 1835 (2001) has made clear that, to "prevail," the party must have obtained a

Appellant ElderCare Properties, a nursing home in Weslaco, appeals from a summary judgment that the Texas Department of Human Services did not violate any statute or constitutional provision by granting a special commissioner's waiver to ElderCare's competitor, Weslaco Nursing and Rehabilitation Center. ElderCare claims that the trial court erred in granting summary judgment raising three grounds:

Appellant Olsten Health Services, Inc., is a home health-care provider. In mid-1997, the central Arkansas-based company applied for permits of approval (POAs) from the Arkansas Health Services Agency (the Agency) to operate in five other regions of the state. The Agency recommended denial of the applications, and that recommendation was later endorsed by appellee, Arkansas Health Services Commissi

On March 1, 1981, appellant became employed at Jefferson Hospital in Pine Bluff. After that date, appellant held a number of administrative positions for appellee and began to experience bilateral carpal tunnel syndrome symptoms in February 1996.

Appellant came under the care of Dr. John Lytle, an orthopedist, and he performed a carpal tunnel release surgery on appellant's right wrist on De

Social Services Law § 104(2) limits the amount that a public welfare official may recoup from an infant who receives public assistance benefits. In these two cases, we must decide whether Medicaid's recoupment provisions are subject to this limitation. We conclude that they are not.

Kimberly Santiago

Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Ben

LaTonya Jean Whitley sued her former employer, Peer Review Systems, Inc. (PRS), claiming that she was terminated from employment on the basis of her race in violation of 42 U.S.C. § 1981 (2000) and Minn. Stat. § 363.03(2) (2000). The district court granted summary judgment in favor of PRS. Whitley appeals, and we affirm.

PRS is an Ohio corporation that prov

UnknownIn recent years society has begun to recognize smoking as an important public-health issue. The historic 1998 agreement between most of the states and the major tobacco companies was a milestone in the ongoing attempt to address this issue. As part of a broad settlement of the states' claims, the tobacco companies agreed to pay over time hundreds of billions of dollars to the states. In vie

Relator John A. King, D.O. appeals the dismissal of this qui tam action brought under the False Claims Act ("Act"), 31 U.S.C. §§ 3729-3733. The qui tam provisions of the Act permit private individuals to sue on behalf of the United States those persons or entities who allegedly have presented false or fraudulent claims to the federal government.(1) As one of its jurisdictional hurdles, the Act p

Civil Rights Act - 42 U.S.C. 1983 - Two thousand six hundred developmentally plaintiffs brought suit alleging denial of Medicaid Act benefits by the State of Massachusetts. The lead plaintiff was 40 years old and had been waiting for 10 years to an appropriate placement.

Alaska's Medicaid program funds virtually all necessary medical services for poor Alaskans -- "regardless of race, age, national origin, or economic standing" [Fn. 1] -- but it denies funding for medically necessary abortions. Alone among Medicaid-eligible Alaskans, women whose health is endangered by pregnancy are denied health care based solely on political disapproval of the medically n

In this case, Plaintiffs’ stated goal is to ensure that economically disadvantaged children throughout the State of Michigan obtain adequate medical care. The court can safely say that the endeavor is commendable. Having a virtuous goal in sight, however, does not endow a court with the power to hear a case, nor create a cause of action where none exists. In this case, neither jurisdic

Texas Attorney General John Cornyn today finalized an agreement with the Driscoll Children's Hospital and Foundation in Corpus Christi for repayment of Medicaid funds. The agreement calls for the hospital and foundation to refund $14.5 million, which will be divided between Texas and the federal government.

From 1994-99, the hospital allegedly provided false information to the Texas Departme