55 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,459 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,230 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,637 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  4. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,630 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"
  5. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,717 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
  6. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,276 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"
  7. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,945 times   3 Legal Analyses
    Holding a rule invalid under the APA where "the Commission made no findings specifically directed to the choice between two vastly different remedies with vastly different consequences to the carriers and the public . . . [and failed to] articulate any rational connection between the facts found and the choice made"
  8. Morton v. Ruiz

    415 U.S. 199 (1974)   Cited 907 times   1 Legal Analyses
    Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”
  9. Frito-Lay, Inc. v. Willoughby

    863 F.2d 1029 (D.C. Cir. 1988)   Cited 489 times
    Holding that in reviewing summary judgment, the court of appeals' "sole and limited task is to assess with care the record before the District Court at the time it granted [the motion]," and may not consider evidence proffered for the first time on appeal
  10. County of Los Angeles v. Shalala

    192 F.3d 1005 (D.C. Cir. 1999)   Cited 271 times   1 Legal Analyses
    Holding that it was error for the district court to fashion a remedy for the agency to follow after declaring agency action unlawful
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,096 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,460 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 1395ww - Payments to hospitals for inpatient hospital services

    42 U.S.C. § 1395ww   Cited 608 times   35 Legal Analyses
    Providing for a wage-index adjustment
  14. Section 426 - Entitlement to hospital insurance benefits

    42 U.S.C. § 426   Cited 100 times   1 Legal Analyses
    Limiting Medicare eligibility to certain classes of "individuals"
  15. Section 1395mm - Payments to health maintenance organizations and competitive medical plans

    42 U.S.C. § 1395mm   Cited 65 times
    Regulating the use of financial incentives by health care plans treating Medicare and Medicaid recipients
  16. Section 1382h - Benefits for individuals who perform substantial gainful activity despite severe medical impairment

    42 U.S.C. § 1382h   Cited 8 times

    (a) Eligible individuals (1) Except as provided in section 1383(j) of this title, any individual who was determined to be an eligible individual (or eligible spouse) by reason of being under a disability and was eligible to receive benefits under section 1382 of this title (or a federally administered State supplementary payment) for a month and whose earnings in a subsequent month exceed the amount designated by the Commissioner of Social Security ordinarily to represent substantial gainful activity

  17. Section 405.1875 - Administrator review

    42 C.F.R. § 405.1875   Cited 139 times
    Recognizing that the Secretary has delegated to the Administrator his authority to review the Board's decisions
  18. Section 416.264 - When does the special SSI eligibility status apply

    20 C.F.R. § 416.264   Cited 1 times

    The special SSI eligibility status applies for the purposes of establishing or maintaining your eligibility for Medicaid. For these purposes we continue to consider you to be a blind or disabled individual receiving benefits even though you are in fact no longer receiving regular SSI benefits or special SSI cash benefits. You must meet the eligibility requirements in § 416.265 in order to qualify for the special SSI eligibility status. Special SSI eligibility status also applies for purposes of reacquiring