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HADDEN v. U.S.

No. 09-6072.

661 F.3d 298 (2011)

Vernon HADDEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2011.

Attorney(s) appearing for the Case

ARGUED: David J. Farber , Patton Boggs LLP, Washington, D.C., for Appellant. Daniel Tenny , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: David J. Farber , Patton Boggs LLP, Washington, D.C., for Appellant. Daniel Tenny , United States Department of Justice, Washington, D.C., Audrey B. Williams , Social Security Administration, Office of General Counsel, Atlanta, Georgia, for Appellee. Paul Caleo , Kevin M. Larson , Burnham Brown , Oakland, California, John L. Tate , Stites & Harbison PLLC, Louisville, Kentucky, for Amicus Curiae.

KETHLEDGE, J., delivered the opinion of the court, in which BECKWITH, D.J., joined. WHITE, J. (pp. 305-09), delivered a separate dissenting opinion.

OPINION

KETHLEDGE, Circuit Judge.

The statute that governs an issue is usually the one to rely upon in arguing it. Here, the parties agree that the Medicare statute governs the extent to which Vernon Hadden is obligated to reimburse Medicare for certain expenses that it paid on his behalf. Most of Hadden's arguments, however, concern different statutes with different language than the Medicare provision that applies here. The district court thought those...

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