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Loma Linda University Kidney Center v. Burwell

MOTION for Summary Judgment

12 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,630 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]'"

  2. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  3. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,961 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  4. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,141 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency

  5. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,944 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"

  6. Gundersen Lutheran Med. Ctr., Inc. v. Sebelius

    666 F.3d 1335 (D.C. Cir. 2011)   Cited 3 times

    No. 11–5077. 2011-12-20 GUNDERSEN LUTHERAN MEDICAL CENTER, INC., Appellant v. Kathleen SEBELIUS, Appellee. Appeal from the United States District Court for the District of Columbia (No. 1:06–cv–02195).Jeffrey A. Lovitky argued the cause and filed the briefs for appellant. Ian Samuel, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West, Assistant Attorney General, Ronald C. Machen, Jr., U.S. Attorney, and Michael S. Raab, Attorney. R. Craig Lawrence

  7. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  8. Rule 58 - Entering Judgment

    Fed. R. Civ. P. 58   Cited 18,384 times   9 Legal Analyses
    Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"

  9. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,365 times   36 Legal Analyses
    Adopting the definition given in Section 551

  10. Section 1395 - Prohibition against any Federal interference

    42 U.S.C. § 1395   Cited 2,265 times   29 Legal Analyses
    Addressing Medicare's reimbursement for diagnostic laboratory services for hospital outpatients

  11. Section 1395oo - Provider Reimbursement Review Board

    42 U.S.C. § 1395oo   Cited 672 times   11 Legal Analyses
    Granting jurisdiction to the district court over this type of appeal

  12. Section 1395rr - End stage renal disease program

    42 U.S.C. § 1395rr   Cited 33 times   4 Legal Analyses
    Requesting the HHS Secretary to promulgate ESRD reimbursement methods which will “effectively encourage the efficient delivery of dialysis services and provide incentives for the increased use of home dialysis”