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NM Court of Appeals Schedules July 14 Hearing

July 8, 2011 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Thursday, July 14, 2011. The oral argument is open to the public and begins at 10 am.

A three-judge panel will preside: Judge Michael D. Bustamante ('74), Judge Jonathan B. Sutin (`63), and Judge Roderick Kennedy.

Following are the details of the case:

Starko, Inc., d/b/a Medicine Chest #1, and Jerry Jacobs d/b/a Pill Box Pharmacy #4, For and on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants/Cross-Appellees, represented by Charles R. Peifer, Robert E. Hanson, Lauren Keefe, Elizabeth Radosevich, Sealy H. Cavin, Jr., and Stephen D. Ingram


New Mexico Human Services Department, et al., Defendants, Presbyterian Health Plan, Inc., a New Mexico Corporation, d/b/a Presbyterian Salud, Defendant-Appellee, represented by John B. Pound and Edward Ricco


Cimarron Health Plan, Inc., a New Mexico Corporation, d/b/a Cimarron Health Maintenance Organization a/k/a Cimarron Hmo, Defendant-Appellee/Cross-Appellant represented by Lisa Mann and Jennifer A. Noya

Plaintiffs-Appellants state that the trial court erred in finding that they could not bring a claim against the Managed Care Organizations (MCOs) that handled Medicare reimbursements for the New Mexico Human Services Department in an action to recover damages for failure of the MCOs to provide the minimum reimbursement required by statute and the State to enforce the required reimbursement.

Plaintiff-Appellant's Brief in Chief
Cross-Appellant's Brief in Chief
Defendant-Appellee Presbyterian's Answer Brief
Defendant Appellee Cimarron's Reply Brief

For more information, contact Nora Gonzales at 505-841-4618.