District Court Decisions

Fla. Med. Assoc., Inc. v. Dep't of Health, Educ. & Welfare, No. 78-CV-178, 2011 WL 4459387 (M.D. Fla. Sept. 26, 2011) (Howard, J.).  Holding:  Adopting, in part, magistrate's report and recommendation, granting Dow Jones' motion to reopen case, and granting Dow Jones' and RTMD's motions to intervene for the limited purpose of vacating or modifying the Final Declaratory Judgment and Permanent Injunction entered in this case on October 22, 1979; but disallowing all other cross-claims raised by the intervenors.  The court adopts the magistrate's recommendation granting Dow Jones' unopposed motion to reopen, which was premised on the Eleventh Circuit's holding in Alley v. HHS "that a 'direct attack, instead of a collateral one, is the proper procedure' 'for seeking to vacate or modify the 1979 FMA Injunction,'" which enjoins HHS from disclosing Medicare reimbursement information.  The court notes that "[n]o party objects to this recommendation."