Bellin v. Zucker
| Docket Number | 20-1463 |
| Decision Date | 29 July 2021 |
Bellin brought a putative class action under 42 U.S.C. 1983, alleging that managed long-term care plans (MLTCs) that contract with New York State violate Medicaid beneficiaries’ due process rights by denying them the right to appeal an MLTC’s initial determination of the personal care services hours the MLTC will provide the beneficiary if they choose to enroll with the MLTC. Bellin also alleged that beneficiaries are entitled to this appeal right, and to notice of the right, under federal...
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99 cases
- United States v. Perez
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Doe v. State Univ. of N.Y. Purchase Coll.
...judicial notice may be taken, would not convert the motion to dismiss into one for summary judgment." Id. ; see also Bellin v. Zucker , 6 F.4th 463, 473 (2d Cir. 2021) (similar). "Courts may take judicial notice of public documents and matters of public record," Casey v. Odwalla, Inc. , 338......
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Newman v. Bayer Corp.
.... . . documents incorporated into the complaint by reference, and matters of which a court may take judicial notice." Bellin v. Zucker, 6 F.4th 463, 473 (2d Cir. 2021) (quotation marks omitted); see also Dashnau v. Unilever Mfg. (US), Inc., 529 F. Supp. 3d 235, 240 (S.D.N.Y. 2021) (same). F......
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Bayshore Capital Advisors, LLC v. Creative Wealth Media Fin. Corp.
...may be taken, would not convert the motion to dismiss into one for summary judgment." Id. (citations omitted); see also Bellin v. Zucker, 6 F.4th 463, 473 (2d Cir. 2021) (explaining that "when ruling on Rule 12(b)(6) motions to dismiss," courts may "consider the complaint in its entirety ........
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1 books & journal articles
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HOW RELATIONAL CONTRACTING CAN ADDRESS MEDICAID LONG-TERM CARE'S ACCOUNTABILITY CRISIS.
...fair hearing only after receiving notice that the MCO ... is upholding the adverse benefit determination."). (77) See Bellin v. Zucker, 6 F.4th 463,487 (2nd Cir. 2021) ("Accepting [plaintiff's argument would demand that we import wholesale the fair hearing requirements applicable to the fee......