§Why CasetextPricing

In the Matter of East Ramapo Central School District, Appellant,v.John B. King, Jr.,, et al., Respondents.

Brief

30 Cited authorities

  1. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,429 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  2. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,332 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  3. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,553 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  4. Japan Whaling Ass'n v. American Cetacean Society

    478 U.S. 221 (1986)   Cited 562 times   1 Legal Analyses
    Holding that plaintiffs "undoubtedly have alleged a sufficient `injury in fact' in that the whale watching and studying of their members will be adversely affected by continued whale harvesting"

  5. Walczak v. Florida Union Free School District

    142 F.3d 119 (2d Cir. 1998)   Cited 453 times
    Holding that parents are entitled to tuition reimbursement when "it appears that the proposed IEP was inadequate to afford the child an appropriate public education, and that the private education services obtained by the parents were appropriate to the child's needs"

  6. Jackson v. New York State Urban Development Corp.

    67 N.Y.2d 400 (N.Y. 1986)   Cited 656 times   1 Legal Analyses
    Stating that failure to raise challenges to FEIS under state environmental law during proceedings could not be overlooked when determining whether failure to discuss issue in FEIS was reasonable

  7. Dairylea Coop. v. Walkley

    38 N.Y.2d 6 (N.Y. 1975)   Cited 342 times
    In Matter of Dairylea Coop. v Walkley (38 N.Y.2d 6), we set forth a two-part test for determining when a party has standing to contest administrative action.

  8. Cruz v. TD Bank, N.A.

    2013 N.Y. Slip Op. 7762 (N.Y. 2013)   Cited 114 times
    Stating that New York courts have "declined to recognize a private right of action in instances where ‘the Legislature specifically considered and expressly provided for enforcement mechanisms’ in the statute itself" (quoting Mark G. v. Sabol , 93 N.Y.2d 710, 720, 695 N.Y.S.2d 730, 717 N.E.2d 1067 (1999) )

  9. La Rocca v. Lane

    37 N.Y.2d 575 (N.Y. 1975)   Cited 271 times
    Upholding prohibition dismissal

  10. N.A.A.C.P., Boston Chapter v. Secretary of Housing & Urban Development

    817 F.2d 149 (1st Cir. 1987)   Cited 97 times
    Holding HUD's pattern of failure "affirmatively ... to further" Title VII's fair housing policy was reviewable as an "abdication of [HUD's] statutory responsibilities"

  11. Section 1415 - Procedural safeguards

    20 U.S.C. § 1415   Cited 7,162 times   17 Legal Analyses
    Holding that "before the filing of a civil action . . . seeking relief that is also available under [the IDEA], the [IDEA's administrative] procedures . . . shall be exhausted"

  12. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,533 times   39 Legal Analyses
    Concluding paragraph, exception

  13. Section 1412 - State eligibility

    20 U.S.C. § 1412   Cited 3,323 times   1 Legal Analyses
    Holding the SEA "responsible for ensuring that . . . the requirements of [the IDEA] are met" and "all educational programs . . . meet the educational standards of the [SEA]"

  14. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 778 times   44 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  15. Section 1416 - Monitoring, technical assistance, and enforcement

    20 U.S.C. § 1416   Cited 75 times
    Authorizing the Secretary of Education to review state IDEA compliance and to withhold federal funds

  16. Section 300.510 - Resolution process

    34 C.F.R. § 300.510   Cited 100 times
    Noting that, if the school "is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made," the school "may . . . request that a hearing officer dismiss the parent's due process complaint"