Tuesday, August 22, 2017

CAFC in ALVARADO HOSPITAL. A dissent by Judge Newman.

One must always keep in mind that the CAFC has jurisdiction in non-patent areas.
On 22 August 2017:

Because Prime Hospitals’ breach of contract claim is
fundamentally a suit to enforce a contract and it does not
arise under the Medicare Act, we hold that the Court of
Federal Claims has exclusive jurisdiction over that claim
under the Tucker Act, 28 U.S.C. § 1491. We also hold
that the Court of Federal Claims does not have jurisdiction,
however, over Prime Hospitals’ alternative claims
seeking declaratory, injunctive, and mandamus relief.
Accordingly, we affirm the district court’s transfer order
in-part, reverse-in-part, and remand for further proceedings.

Judge Newman dissented:

I respectfully dissent from the ruling that the Medicare
Act’s jurisdictional assignment to the district courts
does not apply when there is an offer of settlement of a
Medicare reimbursement claim.

Nonetheless, my colleagues endorse the transfer of
this action from the district court to the Court of Federal
Claims under the Tucker Act, reasoning that the statutory
assignment of Medicare jurisdiction does not apply
when the issue includes a proposal for settlement of a
Medicare claim. However, as precedent has resolved,
settlement of a Medicare claim does not remove the
statutory Medicare Act jurisdiction. See Pines Residential
Treatment Ctr., Inc. v. United States, 444 F.3d 1379 (Fed.
Cir. 2006)


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