61 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,816 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,646 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]'"
  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,975 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  4. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )
  5. Universal Camera Corp. v. Nat'l Labor Relations Bd.

    340 U.S. 474 (1951)   Cited 9,569 times   3 Legal Analyses
    Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
  6. Burlington Truck Lines v. U.S.

    371 U.S. 156 (1962)   Cited 1,947 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"
  7. Sierra Club v. Mainella

    459 F. Supp. 2d 76 (D.D.C. 2006)   Cited 351 times
    Holding agency failed to take a hard look at environmental impacts “as evidenced by the lack of explanations supporting its conclusions”
  8. Occidental Engineering Co. v. I.N.S.

    753 F.2d 766 (9th Cir. 1985)   Cited 643 times
    Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists
  9. Bowen v. American Hospital Assn

    476 U.S. 610 (1986)   Cited 193 times
    Deciding on procedural grounds that HHS lacked authority to promulgate mandatory rules regarding health care for handicapped infants, and declining to decide whether the Rehabilitation Act applies to individual medical treatment decisions involving such infants
  10. Greater Boston Television Corp. v. F.C.C

    444 F.2d 841 (D.C. Cir. 1970)   Cited 715 times   1 Legal Analyses
    Holding that under the arbitrary and capricious standard, a court cannot "upset a decision because of errors that are not material"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,497 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,398 times   36 Legal Analyses
    Adopting the definition given in Section 551
  14. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,763 times   69 Legal Analyses
    Adopting the definition set out in the APA
  15. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,095 times   147 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  16. 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
  17. Section 1395c - Description of program

    42 U.S.C. § 1395c   Cited 499 times
    Referring to 42 U.S.C. § 402, 414
  18. Section 1395hh - Regulations

    42 U.S.C. § 1395hh   Cited 261 times   36 Legal Analyses
    Granting broad rulemaking authority
  19. Section 405.1835 - Right to Board hearing; contents of, and adding issues to, hearing request

    42 C.F.R. § 405.1835   Cited 123 times   11 Legal Analyses
    Limiting review of RNPRs "solely to those matters that are specifically revised"
  20. Section 405.1842 - Expedited judicial review

    42 C.F.R. § 405.1842   Cited 72 times
    Providing that the Board may grant EJR only if it has "jurisdiction to conduct a hearing on the matter"
  21. Section 412.521 - Basis of payment

    42 C.F.R. § 412.521

    (a)Method of payment. (1) Under the prospective payment system, long-term care hospitals receive a predetermined payment amount per discharge for inpatient services furnished to Medicare beneficiaries. (2) Except as provided for in § 412.526 , the amount of payment under the prospective payment system is based on either the long-term care hospital prospective payment system standard Federal payment rate established in accordance with § 412.523 , including adjustments described in § 412.525 , or the