(DOWNLOAD) "Texas Health Care Information Council V. Seton Health Plan" by Texas Court of Appeals " eBook PDF Kindle ePub Free

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eBook details

• Title: Texas Health Care Information Council V. Seton Health Plan
• Author : Texas Court of Appeals
• Release Date : January 19, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

Appellants Texas Health Care Information Council ("the Council") and the State of Texas, Office of the Attorney General ("the Attorney General") (collectively "the State"), appeal the district court's judgment granting appellee Seton Health Plan, Inc.'s ("Seton") request for a declaratory judgment to construe a statute, ordering Seton to pay penalties, ordering the State to pay Seton attorney's fees, and dismissing with prejudice the Council's counterclaim and request for injunctive relief. In four issues, the State contends the district court's judgment must be reversed because: (1) Seton's action for declaratory judgment was moot or alternatively Seton's request for declaratory judgment was barred by sovereign immunity; (2) the State was entitled to injunctive relief in addition to the assessment of a civil penalty against Seton; (3) the court's assessment of the minimum penalty constituted an abuse of discretion; and (4) the failure to award the State reasonable attorney's fees and costs constituted an abuse of discretion. We will affirm in part and reverse and remand in part.

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