§Why CasetextPricing

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

RESPONSE

129 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,816 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,425 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,874 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,754 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,231 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  6. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,024 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  7. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,154 times   50 Legal Analyses
    Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

  8. List v. Driehaus

    573 U.S. 149 (2014)   Cited 1,966 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

  9. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,656 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  10. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,516 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  11. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 156,492 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,331 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,057 times   24 Legal Analyses
    Granting judicial review of "agency action"

  15. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,371 times   79 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions

  16. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,251 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  17. Section 794a - Remedies and attorney fees

    29 U.S.C. § 794a   Cited 1,805 times   2 Legal Analyses
    Adopting the "remedies, procedures, and rights" under Title VII of the Civil Rights Act of 1964 for federal employees filing civil actions

  18. Section 2000bb-1 - Free exercise of religion protected

    42 U.S.C. § 2000bb-1   Cited 1,121 times   27 Legal Analyses
    Providing for "appropriate relief" in judicial suit

  19. Section 1395cc - Agreements with providers of services; enrollment processes

    42 U.S.C. § 1395cc   Cited 457 times   10 Legal Analyses
    Channeling claims brought by facilities dissatisfied with a "determination"

  20. Section 2000d-1 - Federal authority and financial assistance to programs or activities by way of grant, loan, or contract other than contract of insurance or guaranty; rules and regulations; approval by President; compliance with requirements; reports to Congressional committees; effective date of administrative action

    42 U.S.C. § 2000d-1   Cited 358 times
    Laying out the requirement

  21. Section 80.7 - Conduct of investigations

    45 C.F.R. § 80.7   Cited 49 times

    (a)Periodic compliance reviews. The responsible Department official or his designee shall from time to time review the practices of recipients to determine whether they are complying with this part. (b)Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the responsible Department official or his designee a written complaint. A complaint must be filed not later than

  22. Section 80.8 - Procedure for effecting compliance

    45 C.F.R. § 80.8   Cited 47 times

    (a)General. If there appears to be a failure or threatened failure to comply with this regulation, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include, but are not limited to, (1) a reference to the Department of Justice with a recommendation that appropriate

  23. Section 106.33 - Comparable facilities

    34 C.F.R. § 106.33   Cited 40 times   16 Legal Analyses

    A recipient may provide separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. 34 C.F.R. §106.33 45 FR 30955, May 9, 1980, as amended at 85 FR 30579, May 19, 2020

  24. Section 80.6 - Compliance information

    45 C.F.R. § 80.6   Cited 24 times

    (a)Cooperation and assistance. The responsible Department official shall to the fullest extent practicable seek the cooperation of recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part. (b)Compliance reports. Each recipient shall keep such records and submit to the responsible Department official or his designee timely, complete and accurate compliance reports at such times, and in such form and containing

  25. Section 92.4 - Assurances

    45 C.F.R. § 92.4   Cited 22 times   5 Legal Analyses

    (a)Assurances. An entity applying for Federal financial assistance to which this part applies shall, as a condition of any application for Federal financial assistance, submit an assurance, on a form specified by the Director of the Department's Office for Civil Rights, that the entity's health programs or activities will be operated in compliance with section 1557 and this part. A health insurance issuer seeking certification to participate in an Exchange or a State seeking approval to operate a

  26. Section 80.10 - Decisions and notices

    45 C.F.R. § 80.10   Cited 13 times

    (a)Decisions by hearing examiners. After a hearing is held by a hearing examiner such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the reviewing authority for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient and to the complainant, if any. Where the initial decision referred to in this paragraph or in paragraph (c)

  27. Section 106.40 - Marital or parental status

    34 C.F.R. § 106.40   Cited 11 times   7 Legal Analyses

    (a)Status generally. A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status which treats students differently on the basis of sex. (b)Pregnancy and related conditions. (1) A recipient shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy or recovery

  28. Section 92.101 - Meaningful access for individuals with limited English proficiency

    45 C.F.R. § 92.101   Cited 10 times   1 Legal Analyses

    (a) Any entity operating or administering a health program or activity subject to this part shall take reasonable steps to ensure meaningful access to such programs or activities by limited English proficient individuals. (b)Specific applications- (1) Enforcement discretion. In evaluating whether any entity to which paragraph (a) of this section applies has complied with paragraph (a) of this section, the Director of the Department's Office for Civil Rights may assess how such entity balances the

  29. Section 92.2 - Nondiscrimination requirements

    45 C.F.R. § 92.2   Cited 9 times   5 Legal Analyses

    (a) Except as provided in Title I of the Patient Protection and Affordable Care Act (or any amendment thereto), an individual shall not, on any of the grounds set forth in paragraph (b) of this section, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any health program or activity, any part of which is receiving Federal financial assistance (including credits, subsidies, or contracts of insurance) provided by the U.S. Department of Health and

  30. Section 92.1 - Purpose

    45 C.F.R. § 92.1   Cited 9 times

    The purpose of this part is to provide for the enforcement of section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. 18116 , prohibiting discrimination under any health program or activity receiving Federal financial assistance, or under any program or activity administered by an Executive agency, or by any entity established, under Title I of such law, on the grounds of race, color, national origin, sex, age, or disability, except as provided in Title I of such law (or any amendment