Now Updating
In re: DIANN MARIE CATES

Summarizing by Lars Fuller

Parkview Adventist Medical Center v. U.S.A.

Citation:
16-1731 (1st Circuit, Nov 29,2016) Published
Case Status:
Affirmed
Ruling:

Affirming the lower courts’ decisions, the First Circuit held that the termination by the Centers for Medicare & Medicaid Services (CMS) of their provider agreement with the debtor did not...

Judge(s):
Lynch, Stahl, and Barron
Tag(s):

Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation:
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Judge(s):
Hull, Carnes, and Clevenger, Circuit Judges
Tag(s):

Sheehan v. Saoud, et al.

Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

In re ICL Holding Company, Inc., et al

Citation:
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
Judge(s):
Ambro (author), Fuentes, Roth
Tag(s):

Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration

Citation:
Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services Administration, Case Nos. 14-2420 and 14-2546 (7th Cir., Aug. 28, 2015) (per curiam)
Ruling:
Reversed the U.S. District Court for the Southern District of Indiana; held that the statutorily-imposed Hospital Assessment Fee ("HAF") for fiscal year 2013 collected by the Indiana Family and...
Judge(s):
Bauer, Flaum, and Williams, Circuit Judges
Tag(s):

Nutt v. Stafford Kees

Citation:
Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Judge(s):
Gruender, Melloy, Benton
Tag(s):

International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation:
15a0361n.06
Ruling:
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
Judge(s):
Boggs, Sutton and Stranch, Circuit Judges.
Tag(s):

In re 2920 ER, L.L.C.

Citation:
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Judge(s):
Prado, Owen, Higginson
Tag(s):

Official Committee of Unsecured Creditors v. Baldwin

Citation:
Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)
Ruling:
Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the...
Judge(s):
Vanaskie, Circuit Judge
Tag(s):

Mais v. Gulf Coast Collection Bureau, Inc.

Citation:
--- F.3d ----, 2014 WL 4802457, No. 13-14008 (11th Cir. Sept. 29, 2014)
Ruling:
Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular...
Judge(s):
HULL, MARCUS and HILL, Circuit Judges
Tag(s):

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