Gomer v. Phillip Morris, Inc.

5 Citing cases

  1. Barton v. Summers

    293 F.3d 944 (6th Cir. 2002)   Cited 137 times
    Holding that an attempt to force the State to make a particular allocation of Medicaid funds despite congressional authorization allowing the State considerable discretion amounted to an effort to obtain money damages impermissible under Coeur d'Alene

    pon which relief could be granted or for Eleventh Amendment immunity. See Strawser v. Atkins, 290 F.3d 720, (4th Cir. 2002), 2002 U.S.App. LEXIS 9648; Greenless v. Almond, 277 F.3d 601 (1st Cir. 2002); Harris v. Owens, 264 F.3d 1282 (10th Cir. 2001); Watson v. Texas, 261 F.3d 436 (5th Cir. 2001); McClendon v. Georgia Dep't of Cmty. Health, 261 F.3d 1252 (11th Cir. 2001); Tyler v. Douglas, 280 F.3d 116 (2d Cir. 2001); Floyd v. Thompson, 227 F.3d 1029 (7th Cir. 2000); Lewis v. State ex rel. Miller, 2002 WL 663711 (Iowa Ct.App. 2002), 2002 Iowa App. LEXIS 436; Cardenas v. Anzai, 128 F.Supp.2d 704 (2001); Clark v. Stovall, 158 F.Supp.2d 1215 (D.C.Kan. 2001); Skillings v. Illinois, 121 F.Supp.2d 1235 (C.D.Ill. 2000); Martin v. New Mexico, 197 F.R.D. 694 (D.N.M. 2000); Brown v. State, 617 N.W.2d 421 (Minn.Ct.App. 2000); State v. Superior Court, 83 Cal. App.4th 597, 99 Cal.Rptr.2d 735 (2000); Oliva v. Florida, No. 99-2234 (Leon Co. Cir. Ct., 2d Cir. May 12, 2000); Gomer v.Philip Morris Inc., 106 F.Supp.2d 1262 (M.D.Ala. 2000) ( Eleventh Amendment immunity and no valid claim). In one case, the state's motions to dismiss have been denied.

  2. Kahn v. American Heritage Life Insurance Company

    Case No. 3:06-cv-731-J-16TEM (M.D. Fla. Oct. 3, 2006)

    The Court is not required, however, to accept unsupported legal conclusions as true for purposes of a motion to dismiss, or to read facts into the Complaint which are not properly pled by the Plaintiff. See Gomer v. Philip Morris Inc., 106 F. Supp. 2d 1262, 1268 (M.D. Ala. 2000); Beck v. Interstate Brands Corp., 953 F.2d 1275, 1276 (11th Cir. 1992). III. Discussion

  3. In re PSS World Medical, Inc. Securities Lit.

    250 F. Supp. 2d 1335 (M.D. Fla. 2002)   Cited 15 times   1 Legal Analyses
    Finding complaint adequately pled loss causation where "the Plaintiffs have averred that the Defendants' misrepresentations or omissions caused the Plaintiffs' to purchase the inflated stock, and that the Defendants' fraud in committing GAAP violations and improprieties was part of a course of conduct that was ultimately the proximate cause of the Plaintiffs' loss"

    The Court is not required, however, to accept unsupported legal conclusions as true for purposes of a motion to dismiss. See Gomer v. Philip Morris Inc., 106 F. Supp.2d 1262, 1268 (M.D.Ala. 2000). The Court can also consider any documents referred to in the Plaintiffs' Amended Complaint that are central to their claims.

  4. In re PSS World Medical, Inc. Securities Litigation

    Case No. 3:01-cv-795-J-16-TEM (M.D. Fla. Jul. 24, 2002)

    The Court is not required, however, to accept unsupported legal conclusions as true for purposes of a motion to dismiss. See Gomer v. Philip Morris Inc., 106 F. Supp.2d 1262, 1268 (M.D. Ala. 2000). The Court can also consider any documents referred to in the Plaintiffs' Amended Complaint that are central to their claims.

  5. Oliva v. State

    821 So. 2d 446 (Fla. Dist. Ct. App. 2002)   Cited 1 times

    [2] As numerous cases indicate, a Medicaid recipient is entitled to a share under the distribution scheme only when the state recovers excess funds (above Medic-aid costs) in a derivative action upon assignment from the recipient. See, e.g., McClendon v. Georgia Department of Community Health, 261 F.3d 1252 (11th Cir. 2001); Watson v. Texas, 261 F.3d 436 (5th Cir. 2001); Floyd v. Thompson, 227 F.3d 1029 (7th Cir. 2000); Gomer v. Philip Morris, Inc., 106 F.Supp.2d 1262 (M.D.Fla. 2000). These cases, in addressing distribution claims in connection with the Master Settlement Agreement, have consistently and unequivocally held that Medicaid recipients are not entitled to a share of such proceeds.