scholarly journals Circuit Courts Split: Victim of a Data Breach? Can You “STAND” and Sue in Federal Court?

2021 ◽  
Vol 15 (1) ◽  
Author(s):  
Darlyn de la Rosa
Keyword(s):  
Federal Court ◽  
Data Breach ◽  
Circuit Courts

Medicaid & Medicare: D.C. Appellate Court Denies Claim for Medicare Reimbursement of GME Cost

1999 ◽  
Vol 27 (2) ◽  
pp. 205-205
Author(s):  
choeffel Amy
Keyword(s):  
Medical Center ◽  
Federal District ◽  
Federal Court ◽  
University Of Pennsylvania ◽  
District Court ◽  
Appellate Court ◽  
Court Of Appeals ◽  
Department Of Health ◽  
Administrative Proceedings ◽  
Summary Judgment

The U.S. Court of Appeals for the District of Columbia upheld, in Presbyterian Medical Center of the University of Pennsylvania Health System v. Shalala, 170 F.3d 1146 (D.C. Cir. 1999), a federal district court ruling granting summary judgment to the Department of Health and Human Services (DHHS) in a case in which Presbyterian Medical Center (PMC) challenged Medicare's requirement of contemporaneous documentation of $828,000 in graduate medical education (GME) expenses prior to increasing reimbursement amounts. DHHS Secretary Donna Shalala denied PMC's request for reimbursement for increased GME costs. The appellants then brought suit in federal court challenging the legality of an interpretative rule that requires requested increases in reimbursement to be supported by contemporaneous documentation. PMC also alleged that an error was made in the administrative proceedings to prejudice its claims because Aetna, the hospital's fiscal intermediary, failed to provide the hospital with a written report explaining why it was denied the GME reimbursement.

Transformations: The New Deal through the 1950s

2017 ◽  
Author(s):  
Nancy Woloch
Keyword(s):  
Women Workers ◽  
New Deal ◽  
Federal Court ◽  
Labor Standards ◽  
Equal Rights ◽  
Single Sex ◽  
Fair Labor Standards Act ◽  
The 1950S ◽  
The 1960S ◽  
The New Deal

This chapter traces the changes in federal and state protective policies from the New Deal through the 1950s. In contrast to the setbacks of the 1920s, the New Deal revived the prospects of protective laws and of their proponents. The victory of the minimum wage for women workers in federal court in 1937 and the passage in 1938 of the Fair Labor Standards Act (FLSA), which extended labor standards to men, represented a peak of protectionist achievement. This achievement rested firmly on the precedent of single-sex labor laws for which social feminists—led by the NCL—had long campaigned. However, “equal rights” gained momentum in the postwar years, 1945–60. By the start of the 1960s, single-sex protective laws had resumed their role as a focus of contention in the women's movement.

Englander v. Telus: Protection of Privacy in the Private Sector Goes to the Federal Court of Appeal

2016 ◽  
Author(s):  
Marc-Aurele Racicot
Keyword(s):  
Private Sector ◽  
Personal Information ◽  
Information Age ◽  
Federal Court ◽  
Personal Life ◽  
Information Protection ◽  
Public Places ◽  
Electronic Documents ◽  
Full Force ◽  
Court Of Appeal

These days, is there a topic more significant and provocative than the protection of privacy in the private sector? The importance of this topic has been highlighted since the Canadian Parliament adopted the Personal Information Protection and Electronic Documents Act which came into full force on 1 January 2004 and which is scheduled for review in 2006. Although it seems that everywhere we turn, the word "privacy" and its companion PIPEDA are at centre stage, many say that this attention is unwarranted and a knee-jerk reaction to the information age where one can run but cannot hide. Like it or not, we are subject to the prying eyes of cameras in public places, the tracking and trailing of Internet activities, the selling of address lists and other such listings, and the synthesizing by marketers of frightful amounts of personal information that, when pulled together, reveals a lot about our personal life, our ancestry, our relationships, our interests and our spending habits.

The Federal Court of Canada

1997 ◽  
Author(s):  
Ian Bushnell
Keyword(s):  
Federal Court

Waldpolitischer Jahresrückblick 2013

2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Lower Court ◽  
Forest Exploitation ◽  
Forest Law ◽  
Harmful Organisms ◽  
European Forest ◽  
The One

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.

Waldpolitischer Jahresrückblick 2014

2015 ◽  
Vol 166 (4) ◽  
pp. 238-245
Author(s):  
Willi Zimmermann ◽  
Kathrin Steinmann ◽  
Eva Lieberherr
Keyword(s):  
Public Administration ◽  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Forest Sector ◽  
Court Decisions ◽  
The Public ◽  
Forest Law ◽  
Council Of State

Annual review of Swiss forest policy 2014 Swiss forest policy in 2014 was marked by the passage of the Federal Council's message and draft of an amendment of the Forest Law, which was also treated by the Council of State's Commission for Environment, Spatial Planning and Energy and by the Council of State itself. This revision affects more than 20 articles of the current Forest Law. Despite these numerous alterations, the revision has not caused major debates. The forest-relevant parliamentary interventions decreased drastically in 2014, but since the beginning of 2015 a countertrend is notable. The forest budget remained practically the same as in previous years. The number of federal court decisions in relation to the forest sector has stayed small. Yet there are increasingly significant cantonal court decisions in this domain. In terms of broader forest policy, the public administration has mainly undertaken new standpoints regarding spatial planning and energy policies.

Waldpolitischer Jahresrückblick 2011

2012 ◽  
Vol 163 (5) ◽  
pp. 145-154 ◽  
Author(s):  
Willi Zimmermann
Keyword(s):  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Court Decisions ◽  
Large Carnivores ◽  
Policy Issues ◽  
The Government ◽  
European Forest ◽  
Forest Legislation ◽  
Forest Act

Annual review of Swiss forest policy 2011 The revision of the Forest Act, the adoption of the Forest Programme 2020 by the Federal Council as well as the preparation of the second contribution period of the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFE) shaped, in addition to the routine business, the forest policy of 2011. The parliamentary initiatives on forest and forest policy issues remained of about the same amount as in previous years, while the Federal Court decisions on forest legislation have declined significantly. In various forest-related sectoral policies, the government and parliament made important decisions. In climate policy, the Parliament adopted the CO2 Law. However, this has not yet happened to the revision of the Spatial Planning Act. In nature and landscape policy, the administration has prepared the Swiss biodiversity strategy so far that the Federal Council could send it out for consultation. The revision of the Hunting Regulation, with changes in the management of large carnivores, is nearing adoption. At the international level, the Federal Council has submitted the European Landscape Convention to the Parliament for ratification, and the European forestry ministers have agreed to the preparation of a European Forest Convention.

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