§Why CasetextPricing

Palacio, et al v. United States of America

OPPOSITION

29 Cited authorities

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

    567 U.S. 519 (2012)   Cited 960 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

  2. Hernandez v. California Hospital Medical Center

    78 Cal.App.4th 498 (Cal. Ct. App. 2000)   Cited 447 times
    Finding a record inadequate where the appellant failed to include a copy of the challenged motion, opposition, and court order

  3. Howell v. Hamilton Meats & Provisions, Inc.

    52 Cal.4th 541 (Cal. 2011)   Cited 171 times   24 Legal Analyses
    Holding that "a plaintiff may recover as economic damages no more than the reasonable value of the medical services received and is not entitled to recover the reasonable value if his or her actual loss was less"

  4. Corenbaum v. Lampkin

    215 Cal.App.4th 1308 (Cal. Ct. App. 2013)   Cited 124 times   4 Legal Analyses
    Holding that a defendant's failure to comply with the subpoena for financial records in the punitive phase of the trial, precludes the defendant from challenging the punitive damage awards based on lack of evidence of his financial condition or insufficiency of the evidence to establish his ability to pay the amount awarded

  5. California Fed. Savings & Loan Assn. v. City of Los Angeles

    11 Cal.4th 342 (Cal. 1995)   Cited 181 times   1 Legal Analyses
    Detailing amendment history

  6. Thrifty-Tel, Inc. v. Bezenek

    46 Cal.App.4th 1559 (Cal. Ct. App. 1996)   Cited 136 times   1 Legal Analyses
    Holding that a trespass to chattels occurs only where the interference "has proximately caused injury"

  7. Fein v. Permanente Medical Group

    38 Cal.3d 137 (Cal. 1985)   Cited 168 times
    Holding California Civil Code § 3333.2's cap on malpractice damages rationally related to legitimate state interests and therefore constitutionally sound

  8. Helfend v. Southern Cal. Rapid Transit Dist

    2 Cal.3d 1 (Cal. 1970)   Cited 211 times   2 Legal Analyses
    Finding contractor could reasonably rely on city's misrepresentations about soil conditions, despite contractual provision that contractor had "fully, thoroughly, and completely examined, inspected, and familiarized itself with all matters and things relating to said contract"

  9. Ventress v. Japan Airlines

    747 F.3d 716 (9th Cir. 2014)   Cited 50 times   3 Legal Analyses
    Holding that plaintiff's claims were defensively preempted by federal aviation law for purposes of a 12(c) motion

  10. Taylor v. U.S.

    821 F.2d 1428 (9th Cir. 1987)   Cited 100 times
    Holding that medical personnel under the employ of the federal government are "health care providers"

  11. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,073 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  12. Section 3333 - Breach of obligation not arising from contract

    Cal. Civ. Code § 3333   Cited 748 times
    Defining damages "[f]or the breach of an obligation not arising from contract" as "the amount which will compensate for all the detriment proximately caused thereby ..."

  13. Section 5000A - Requirement to maintain minimum essential coverage

    26 U.S.C. § 5000A   Cited 199 times   23 Legal Analyses
    Setting out IRS enforcement only of the taxpayer's failure to pay the penalty, not of the taxpayer's failure to maintain minimum essential coverage

  14. Section 3333.1 - Evidence introduced by defendant in action for personal injury against health care provider based upon professional negligence

    Cal. Civ. Code § 3333.1   Cited 124 times
    Abrogating the collateral source rule in medical malpractice actions

  15. Section 10273.4 - Group health benefit plans made renewable, exceptions

    Cal. Ins. Code § 10273.4   Cited 2 times

    All disability insurers writing, issuing, or administering group health benefit plans shall make all of these health benefit plans renewable with respect to the policyholder, contractholder, or employer except in case of the following: (a) (1) Nonpayment of the required premiums by the policyholder, contractholder, or employer if the policyholder, contractholder, or employer has been duly notified and billed for the premium and at least a 30-day grace period has elapsed since the date of notification

  16. Section 1365 - Cancellation or nonrenewal of enrollment or subscription

    Cal. Health & Saf. Code § 1365   Cited 1 times

    (a) An enrollment or a subscription shall not be canceled or not renewed except for the following reasons: (1) (A) Except as otherwise specified in subparagraph (C), for nonpayment of the required premiums by the individual, employer, or contractholder if the individual, employer, or contractholder has been duly notified and billed for the charge and at least a 30-day grace period has elapsed since the date of notification or, if longer, the period of time required for notice and any other requirements