District court’s grant of summary judgment in favor of the Secretary of the United States Department of Health and Human Services, denying a reimbursement claim for loss on depreciable assets resulting from a merger between two non-profit medical corporations is vacated and remanded where: 1) the Secretary’s interpretation of the related party regulations, requiring examination of whether the parties were related pre- and post-merger, is contrary to the plain language of the regulations, and under the proper, pre-merger test, the parties were not related at the time of the transaction; and 2) the district court’s determination that the merger was not a bona fide sale was not based on substantial evidence, in light of errors made in determining the value of certain assets.
Read UPMC-Braddock Hosp. v. Sebelius, No. 08-4247
Appellate Information
On Appeal from the United States District Court for the Western District of Pennsylvania
Opinion Filed January 20, 2010
Judges
Before: Rendell and Garth, Circuit Judges, and Padova, District Judge
Opinion by Circuit Judge Rendell
Counsel:
For Appellant: Samuel W. Braver, Buchanan Ingersoll & Rooney
For Appellee: Joel L. McElvain, US Departmet of Justice, Civil Division
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
