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Sample Weekly Opinion Summaries
Government Benefits

July 05-09, 2010 Weekly Government Benefits Newsletter
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Table of Contents

Government Benefits

  • St. Luke's Hosp. v. Sebelius
  • Stevenson v. Bd. of Ret. of the Orange County Employees' Ret. Sys.

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Government Benefits

United States DC Circuit, 07/06/2010
St. Luke's Hosp. v. Sebelius
In an action challenging the Secretary of Health and Human Services' denial of plaintiff's claim for reimbursement regarding a $2.9 million loss allegedly incurred by a Medicare provider when it merged with plaintiff through a "statutory merger," summary judgment for defendant is affirmed where: 1) the parties involved bargained in good faith and the consideration tendered reasonably reflected fair market value; and 2) the Secretary's application of the reasonable consideration requirement to the merger was not an impermissible retroactive imposition of a new standard as set out in PM A-00-76. Read more...

California Court of Appeal, 07/07/2010
Stevenson v. Bd. of Ret. of the Orange County Employees' Ret. Sys.
In plaintiff's petition for administrative mandate challenging the decision of the Board of Retirement of the Orange County Employees Retirement System (Board), excluding his overtime in calculating his pension allowance, trial court's denial of the petition is affirmed as the administrative record contains substantial evidence showing plaintiff's grade or class within the meaning of section 31461 was that of investigator, and as such, the overtime he worked that was unique to investigators in the narcotics bureaus was properly excluded from his "compensation earnable". Read more...

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