§Why CasetextPricing

Hudson Hospital Opco, Llc et al v. Horizon Healthcare Services, Inc.

BRIEF in Support

66 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,785 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,529 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  5. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,737 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  6. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,422 times   33 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  7. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,545 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  8. Ingersoll-Rand Co. v. McClendon

    498 U.S. 133 (1990)   Cited 1,902 times   5 Legal Analyses
    Holding that "[e]ven if there were no express pre-emption [under ERISA § 514(a)]" of the cause of action in that case, it "would be preempted because it conflict[ed] directly with an ERISA cause of action"

  9. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,144 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute

  10. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,037 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,751 times   175 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,124 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,768 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,561 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,044 times   53 Legal Analyses
    Saving clause

  16. Section 1133 - Claims procedure

    29 U.S.C. § 1133   Cited 2,373 times   14 Legal Analyses
    Affording claimants "a reasonable opportunity... for a full and fair review" after denial of a claim for benefits

  17. Section 1395dd - Examination and treatment for emergency medical conditions and women in labor

    42 U.S.C. § 1395dd   Cited 1,402 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"

  18. Section 17:48E-1 - Definitions

    N.J. Stat. § 17:48E-1   Cited 11 times

    As used in this act: a. "Commissioner" means the Commissioner of Banking and Insurance. b. "Board" and "board of directors" means the board of directors of the health service corporation. c. "Elective surgical procedure" means any nonemergency surgical procedure which may be scheduled at the convenience of the patient or the surgeon without jeopardizing the patient's life or causing serious impairment to the patient's bodily functions. d. "Eligible physician" means a physician licensed to practice

  19. Section 26:2H-18.51 - Findings, declarations

    N.J. Stat. § 26:2H-18.51   Cited 6 times

    The Legislature finds and declares that: a. It is of paramount public interest for the State to take all necessary and appropriate actions to ensure access to and the provision of high quality and cost-effective hospital care to its citizens. b. The highly regulated system under which acute care hospitals have been forced to operate in New Jersey since the enactment of P.L. 1978, c.83 was intended to control health care costs and promote the efficient and effective delivery of health care; however

  20. Section 11:24-5.3 - Emergency and urgent care services

    N.J. Admin. Code § 11:24-5.3   Cited 12 times
    Applying to health maintenance organizations

  21. Section 11:24-9.1 - Policies and procedures

    N.J. Admin. Code § 11:24-9.1   Cited 3 times

    (a) The HMO shall establish and implement written policies and procedures regarding the rights of members and the implementation of these rights. (b) The HMO shall provide each member with a current copy of a member's benefit handbook, including at least: 1. A complete statement of the member's rights; 2. A description of all complaint and grievance procedures, including the address and telephone numbers of the complaint offices of the HMO and of the Department; and 3. A clear and complete summary