50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 2,473 times   6 Legal Analyses
    Holding that the question is “whether or not Congress intended to confer individual rights upon a class of beneficiaries” with “ ‘rights-creating’ language”
  4. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,091 times   32 Legal Analyses
    Holding that it is “beyond dispute” that banning discrimination “ ‘on the ground of race’ ” “prohibits only intentional discrimination”
  5. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,527 times   8 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies
  6. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,256 times   6 Legal Analyses
    Holding that the Investment Advisors Act implies a limited remedy to void an investment advisors contract while recognizing that the Act was "intended to benefit the clients of investment advisees"
  7. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,550 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"
  8. Correa v. Hospital San Francisco

    69 F.3d 1184 (1st Cir. 1995)   Cited 291 times
    Holding that "[t]he essence of [the EMTALA's requirement] is that there be some screening and that it be administered evenhandedly"
  9. Brogdon ex Rel. Cline v. National Healthcare Corp.

    103 F. Supp. 2d 1322 (N.D. Ga. 2000)   Cited 130 times
    Holding that a party "may not employ a motion for reconsideration as a vehicle to present new arguments"
  10. Love v. Delta Air Lines

    310 F.3d 1347 (11th Cir. 2002)   Cited 99 times   1 Legal Analyses
    Holding that there is no implied private right of action to sue under the ACAA in federal district court
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 267,561 times   779 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 31,885 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  13. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,217 times   26 Legal Analyses
    Requiring hospitals to provide emergency care regardless of patient’s ability to pay
  14. Section 5000A - Requirement to maintain minimum essential coverage

    26 U.S.C. § 5000A   Cited 172 times   23 Legal Analyses
    Setting out IRS enforcement only of the taxpayer's failure to pay the penalty, not of the taxpayer's failure to maintain minimum essential coverage
  15. Section 18116 - Nondiscrimination

    42 U.S.C. § 18116   Cited 138 times   11 Legal Analyses
    Applying restrictions to "any health program or activity, any part of which is receiving Federal financial assistance"
  16. Section 300gg-22 - Enforcement

    42 U.S.C. § 300gg-22   Cited 61 times   2 Legal Analyses
    Authorizing the Secretary of HHS to exact penalties against non-compliant insurers in states where the state government does not enforce the health insurance requirements
  17. Section 300gg-91 - Definitions

    42 U.S.C. § 300gg-91   Cited 46 times   9 Legal Analyses
    Defining “excepted benefits” for fixed indemnity plans
  18. Section 300gg-5 - Non-discrimination in health care

    42 U.S.C. § 300gg-5   Cited 36 times

    (a) Providers A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions

  19. Section 300gg-3 - Prohibition of preexisting condition exclusions or other discrimination based on health status

    42 U.S.C. § 300gg-3   Cited 18 times   1 Legal Analyses
    Defining “creditable coverage”
  20. Section 300gg-12 - Prohibition on rescissions

    42 U.S.C. § 300gg-12   Cited 11 times

    A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may

  21. Section 147.138 - Patient protections

    45 C.F.R. § 147.138   Cited 3 times   1 Legal Analyses

    (a)Choice of health care professional- (1)Designation of primary care provider- (i)In general. If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, requires or provides for designation by a participant, beneficiary, or enrollee of a participating primary care provider, then the plan or issuer must permit each participant, beneficiary, or enrollee to designate any participating primary care provider who is available to accept the participant