| 25-5354 |
Michael Joshua Henderson v. Pamela Bondi, Attorney General, et al. |
Second Circuit |
2025-08-13 |
Denied |
IFP |
constitutional-rights due-process eighth-amendment first-amendment marijuana-scheduling medical-necessity |
A. Whether this Court should overrule Gonzales v. Raich, 545 U.S. 4, 125 S.Ct. 2145 (2005) in this present day and time?
B. If so, whether in this pr… |
| 23-1000 |
Therese M. Waters, on Behalf of Kelly E. Waters v. Xavier Becerra, Secretary of Health and Human Services |
Sixth Circuit |
2024-03-12 |
Denied |
Response Waived |
administrative-deference benefit-coverage disability-discrimination enteral-nutrition medical-necessity medicare-act medicare-coverage organ-dysfunction prosthetic-devices secretary statutory-authority statutory-interpretation |
(1) Is the Secretary statutorily authorized, or entitled to deference, to deny benefit coverage for an entire group of benefits (here, enteral nutriti… |
| 22-382 |
Yolanda Hamilton v. United States |
Fifth Circuit |
2022-10-24 |
Denied |
Response Waived |
claims-extrapolation criminal-liability expert-testimony extrapolation lay-testimony medical-necessity medicare-fraud |
1. Medicare reimburses healthcare providers who provide home-health services to qualifying Medicare patients. Congress requires a physician to certify… |
| 20-1205 |
Gazelle Craig v. United States |
Fifth Circuit |
2021-03-01 |
Denied |
Response Waived |
circuit-split controlled-substances criminal-distribution dispensing distributing medical-necessity prescription prescription-law statutory-interpretation |
When Dr. Craig wrote a prescription for a controlled substance that was not medically necessary, did her conduct constitute "dispensing," "distributin… |
| 20-6784 |
Abdisalan Abulahab Hussein v. United States |
Eighth Circuit |
2021-01-05 |
Denied |
Response WaivedIFP |
civil-rights due-process fraud insurance insurance-claims mail-fraud medical-necessity patient-referral scheme-to-defraud standing wire-fraud |
(1) Under the mail and wire fraud statutes, can a defendant be convicted where the purported victim insurance companies were not deprived of money or … |
| 20-805 |
RollinsNelson LTC Corp., et al. v. United States, ex rel. Jane Winters |
Ninth Circuit |
2020-12-14 |
Denied |
|
civil-rights due-process false-claims-act healthcare-provider inpatient-care medical-judgment medical-necessity medicare medicare-reimbursement objective-falsehood objective-falsity |
Whether the False Claims Act requires pleading and proof of an objectively false statement. |
| 19-7797 |
Lonnie W. Hubbard v. United States |
Sixth Circuit |
2020-02-27 |
Denied |
Response WaivedIFP |
burden-of-proof controlled-substances criminal-law criminal-procedure criminal-statute due-process medical-necessity medical-practice medical-purpose prescription-dispensing prescription-drugs professional-practice statutory-interpretation |
WHETHER THE COURT OF APPEALS ERRED BY HOLDING A JURY COULD RATIONALLY CONCLUDE THAT DEFENDANT PHARMACIST ABDICATED HIS DUTY UNDER §§ 1306.04(a) & 841(… |
| 18-715 |
Cynthia Carpenter-Barker v. Ohio Department of Medicaid, et al. |
Sixth Circuit |
2018-12-06 |
Denied |
Response Waived |
ada americans-with-disabilities-act civil-procedure civil-rights disability-discrimination due-process integration-mandate medical-necessity olmstead-v-lc rehabilitation-act rule-56-review standard-of-review |
This case involves a reduction in community-based nursing services that places claimant at risk of institutionalization in violation of Olmstead v. L.… |