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CARDIOSOM, L.L.C. v. U.S.

No. 2010-5109.

656 F.3d 1322 (2011)

CARDIOSOM, L.L.C., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 31, 2011.

Attorney(s) appearing for the Case

Jerry Stouck , Greenberg Traurig, LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Gregory J. Morical , Dormir, Inc., of Carmel, Indiana, and Elena B. Gobeyn , of Zionsville, Indiana.

Anuj Vohra , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Mark A. Melnick , Assistant Director.

Before LINN, PLAGER, and DYK, Circuit Judges.

PLAGER, Circuit Judge.

This case calls on us to determine whether, as Plaintiff-Appellant argues, the United States Court of Federal Claims ("Court of Federal Claims") has subject matter jurisdiction under the Tucker Act, 28 U.S.C. § 1491(a)(1), over a breach of contract claim, when a statute related to the claim was read by that court to bar judicial review.

Congress, in 2008, enacted a revision to part of the Medicare statutes, known as the Medicare...

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