70 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,850 times   142 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. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,716 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  5. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,812 times   7 Legal Analyses
    Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"
  6. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,847 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
  7. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,343 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  8. National Park Hospitality Assn. v. Dept. of Interior

    538 U.S. 803 (2003)   Cited 1,030 times   2 Legal Analyses
    Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review
  9. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,785 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment
  10. Shalala v. Illinois Council on Long Term Care, Inc.

    529 U.S. 1 (2000)   Cited 782 times   6 Legal Analyses
    Holding that a plaintiff cannot escape the requirements of 42 U.S.C. § 405(h) by phrasing what is essentially a claim for benefits as something other than a claim for monetary relief
  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 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,547 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities
  13. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,397 times   45 Legal Analyses
    Providing for civil penalties of up to $50,000 for a physician who "signs a certification under subsection (c) ... if the physician knew or should have known that the benefits did not outweigh the risks"
  14. Section 1395oo - Provider Reimbursement Review Board

    42 U.S.C. § 1395oo   Cited 680 times   11 Legal Analyses
    Granting jurisdiction to the district court over this type of appeal
  15. Section 1395ww - Payments to hospitals for inpatient hospital services

    42 U.S.C. § 1395ww   Cited 618 times   36 Legal Analyses
    Providing for a wage-index adjustment
  16. Section 1320d-6 - Wrongful disclosure of individually identifiable health information

    42 U.S.C. § 1320d-6   Cited 316 times   26 Legal Analyses
    Prohibiting use and disclosure of "individually identifiable health information" without authorization
  17. Section 201 - Definitions

    42 U.S.C. § 201   Cited 237 times   6 Legal Analyses
    Defining "Secretary" as Secretary of HHS
  18. Section 1320d-5 - General penalty for failure to comply with requirements and standards

    42 U.S.C. § 1320d-5   Cited 210 times   12 Legal Analyses
    Prescribing penalties where the entity "did not know" it committed a violation
  19. Section 1320d-2 - Standards for information transactions and data elements

    42 U.S.C. § 1320d-2   Cited 134 times   4 Legal Analyses
    Making penalties for failing to comply with certain standards of a past due "debt," including by allowing the Internal Revenue Service authority to offset under 26 U.S.C. § 6402
  20. Section 1395w-4 - Payment for physicians' services

    42 U.S.C. § 1395w-4   Cited 103 times   8 Legal Analyses
    Requiring that reimbursement rates for a given year be announced prior to November 1 of the preceding year
  21. Section 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required

    45 C.F.R. § 164.512   Cited 1,351 times   119 Legal Analyses
    Approving disclosure to health oversight agency of protected health information to determine eligibility for government benefit programs
  22. Section 164.502 - Uses and disclosures of protected health information: General rules

    45 C.F.R. § 164.502   Cited 397 times   100 Legal Analyses
    Providing that a person authorized to act on behalf of a deceased individual must be treated as a personal representative “with respect to protected health information relevant to such personal representation ”
  23. Section 164.514 - Other requirements relating to uses and disclosures of protected health information

    45 C.F.R. § 164.514   Cited 105 times   44 Legal Analyses
    Defining de-identified information
  24. Section 164.506 - Uses and disclosures to carry out treatment, payment, or health care operations

    45 C.F.R. § 164.506   Cited 67 times   25 Legal Analyses
    Allowing covered entities, such as health care providers, to "use or disclose protected health information for . . . payment"
  25. Section 164.103 - Definitions

    45 C.F.R. § 164.103   Cited 31 times   8 Legal Analyses
    Defining covered entities as a health plan, a health care clearinghouse, or a health care provider who transmits any health information electronically in connection with covered transactions
  26. Section 164.520 - Notice of privacy practices for protected health information

    45 C.F.R. § 164.520   Cited 9 times   49 Legal Analyses

    (a)Standard: Notice of privacy practices - (1)Right to notice. Except as provided by paragraph (a)(3) or (4) of this section, an individual has a right to adequate notice of the uses and disclosures of protected health information that may be made by the covered entity, and of the individual's rights and the covered entity's legal duties with respect to protected health information. (2)Notice requirements for covered entities creating or maintaining records subject to 42 U.S.C. 290dd-2 . As provided