ATLANTA – The 11th Circuit U.S. Court of Appeals on June 28 affirmed a federal court ruling dismissing a federal nursing home cause of action. The appellate court, however, found that the action should have been dismissed for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) rather than for lack of subject matter jurisdiction (Renee D. Bell v. HCR Manor Care Facility of Winter Park, et al., No. 10-13930, 11th Cir.; 2011 U.S. App. LEXIS 13202).
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11th Circuit: Federal Claim Not Viable Against Private Nursing Facility
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