§Why CasetextPricing

Franciscan Alliance, Inc. et al v. Burwell et al

Brief/Memorandum in Support

54 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,007 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Sossamon v. Texas

    563 U.S. 277 (2011)   Cited 1,692 times   2 Legal Analyses
    Holding RLUIPA's authorization of "appropriate relief" did not "clearly and unambiguously waive sovereign immunity to private suits for damages"

  3. Washington v. Glucksberg

    521 U.S. 702 (1997)   Cited 2,709 times   5 Legal Analyses
    Holding that there is no fundamental right to physician-assisted suicide

  4. Davis v. Monroe County Bd. of Educ.

    526 U.S. 629 (1999)   Cited 2,032 times   32 Legal Analyses
    Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"

  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,700 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  6. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 989 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  7. Jackson v. Birmingham Bd.

    544 U.S. 167 (2005)   Cited 929 times   12 Legal Analyses
    Holding that "the text of Title IX prohibits a funding recipient from retaliating against a person who speaks out against sex discrimination, because such retaliation is intentional ‘discrimination’ ‘on the basis of sex’ "

  8. New York v. United States

    505 U.S. 144 (1992)   Cited 1,001 times   14 Legal Analyses
    Holding that the federal government could not commandeer States to enact or enforce a federal regulatory scheme

  9. Printz v. United States

    521 U.S. 898 (1997)   Cited 771 times   17 Legal Analyses
    Holding unconstitutional a statute obligating state law enforcement officers to implement a federal gun-control law

  10. A.C.S.D.B.E. v. Murphy

    548 U.S. 291 (2006)   Cited 535 times
    Holding that the fee-shifting provision of the Individuals with Disabilities Education Act, a Spending Clause statute, fails to furnish "clear notice" that a funding recipient could face liability to a prevailing parent for the cost of services rendered by experts

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,102 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,322 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  13. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,515 times   80 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions

  14. Section 249 - Hate crime acts

    18 U.S.C. § 249   Cited 311 times   5 Legal Analyses
    Criminalizing violence because of "gender, sexual orientation"

  15. Section 18116 - Nondiscrimination

    42 U.S.C. § 18116   Cited 299 times   18 Legal Analyses
    Granting the HHS Secretary power to promulgate Section 1557's implementing regulations through notice and comment

  16. Section 6000, 6001 - Repealed

    42 U.S.C. § 6000, 6001   Cited 119 times

    42 U.S.C. § 6000, 6001 Pub. L. 106-402, §401, 114 Stat. 1737 Section 6000, Pub. L. 88-164, title I, §101, as added Pub. L. 98-527, §2, Oct. 19, 1984, 98 Stat. 2662; amended Pub. L. 100-146, title I, §101, Oct. 29, 1987, 101 Stat. 840; Pub. L. 101-496, §3, Oct. 31, 1990, 104 Stat. 1191; Pub. L. 103-230, §102, 108 Stat. 285, set out congressional findings, purpose and policy concerning individuals with developmental disabilities. A prior section 6000, Pub. L. 88-164, title I, §101, as added Pub. L

  17. Section 448.30 - Informed consent

    Wis. Stat. § 448.30   Cited 55 times

    Any physician who treats a patient shall inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of these treatments. The reasonable physician standard is the standard for informing a patient under this section. The reasonable physician standard requires disclosure only of information that a reasonable physician in the same or a similar medical specialty would know and disclose under the circumstances. The physician's duty to inform

  18. Section 13925 - Transferred

    42 U.S.C. § 13925   Cited 19 times   2 Legal Analyses

    42 U.S.C. § 13925 EDITORIAL NOTES CODIFICATIONSection 13925 was editorially reclassified as section 12291 of Title 34, Crime Control and Law Enforcement.

  19. Section 531.0055 - [Repealed Effective 4/1/2025] Executive Commissioner: General Responsibility for Health and Human Services System

    Tex. Gov't Code § 531.0055   Cited 14 times
    Delegating to HHSC authority to supervise administration and operation of Medicaid, including effective use of federal funds

  20. Section 1688 - Neutrality with respect to abortion

    20 U.S.C. § 1688   Cited 7 times

    Nothing in this chapter shall be construed to require or prohibit any person, or public or private entity, to provide or pay for any benefit or service, including the use of facilities, related to an abortion. Nothing in this section shall be construed to permit a penalty to be imposed on any person or individual because such person or individual is seeking or has received any benefit or service related to a legal abortion. 20 U.S.C. § 1688 Pub. L. 92-318, title IX, §909, as added Pub. L. 100-259

  21. Section 92.206 - Equal program access on the basis of sex

    45 C.F.R. § 92.206   Cited 3 times   3 Legal Analyses

    (a) A covered entity must provide individuals equal access to its health programs and activities without discriminating on the basis of sex. (b) In providing access to health programs and activities, a covered entity must not: (1) Deny or limit health services, including those that have been typically or exclusively provided to, or associated with, individuals of one sex, to an individual based upon the individual's sex assigned at birth, gender identity, or gender otherwise recorded; (2) Deny or

  22. Section 92.207 - Nondiscrimination in health insurance coverage and other health-related coverage

    45 C.F.R. § 92.207   Cited 3 times   1 Legal Analyses

    (a) A covered entity must not, in providing or administering health insurance coverage or other health-related coverage, discriminate on the basis of race, color, national origin, sex, age, disability, or any combination thereof. (b) A covered entity must not, in providing or administering health insurance coverage or other health-related coverage: (1) Deny, cancel, limit, or refuse to issue or renew health insurance coverage or other health-related coverage, or deny or limit coverage of a claim

  23. Section 177.3 - Qualifications for Certification as a 162.001(b) Health Organization

    22 Tex. Admin. Code § 177.3   Cited 1 times

    A 162.001(b) health organization meeting the following qualifications shall be certified by the board: (1) the health organization is formed solely by persons licensed by the board; (2) the health organization is a non-profit corporation registered in Texas as a domestic corporation under the provisions of Bus. Org. Code Chapter 22; (3) the board of directors of the health organization consists solely of persons licensed by the board and actively engaged in the practice of medicine without restrictions

  24. Section 177.5 - Special Requirements for 162.001(b) Health Organizations

    22 Tex. Admin. Code § 177.5

    (a) In addition to the general by-law requirements set forth herein for health organizations seeking certification under § 162.001(b) of the Act, any health organization in which a member is either a person who is not a physician actively engaged in the practice of medicine or an entity or organization that is not wholly owned and controlled by physicians actively engaged in the practice of medicine must comply with the following requirement: (1) All credentialing, quality assurance, utilization