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AMERICAN NURSES ASSOCIATION v. TORLAKSON (McGuiness, A. P. J., assigned justice pro tempore; Cantil-Sakauye, C. J., not participating)

Appellant, American Diabetes Association, Petition for Review

64 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,412 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  2. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 982 times   9 Legal Analyses
    Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

  3. Hughes v. Pair

    46 Cal.4th 1035 (Cal. 2009)   Cited 955 times   4 Legal Analyses
    Holding that discomfort, worry, anxiety, upset stomach, concern, and agitation did not establish severe emotional distress

  4. Perez v. Campbell

    402 U.S. 637 (1971)   Cited 914 times
    Holding that federal bankruptcy law preempted a state law that interfered with federal bankruptcy law's goal of providing uniform standards for determining discharge of debt

  5. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,184 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  6. Chicago & North Western Transportation Co. v. Kalo Brick & Tile Co.

    450 U.S. 311 (1981)   Cited 407 times
    Holding preempted a state common-law claim that would have allowed recovery of damages in tort for abandonment of a rail line when that abandonment had been approved by the Interstate Commerce Commission

  7. Yamaha Corp. of America v. State Bd. of Equalization

    19 Cal.4th 1 (Cal. 1998)   Cited 640 times   17 Legal Analyses
    Holding that “administrative interpretation ... will be accorded great respect by the courts and will be followed it not clearly erroneous”

  8. Mejia v. Reed

    31 Cal.4th 657 (Cal. 2003)   Cited 310 times
    Holding that under Cal. Civ. Code § 3439.04, a transfer can be fraudulent "both as to present and future creditors"

  9. Rice v. Norman Williams Co.

    458 U.S. 654 (1982)   Cited 187 times   2 Legal Analyses
    Finding that "hypothetical or potential conflict" do not satisfy preemption arguments

  10. Morillion v. Royal Packing

    22 Cal.4th 575 (Cal. 2000)   Cited 331 times   29 Legal Analyses
    Holding that compulsory travel time on bus from departure point to work site is compensable

  11. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,262 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

  12. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,297 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  13. Section 12132 - Discrimination

    42 U.S.C. § 12132   Cited 8,186 times   11 Legal Analyses
    Prohibiting disability discrimination by public entities

  14. Section 1400 - Short title; findings; purposes

    20 U.S.C. § 1400   Cited 6,515 times   12 Legal Analyses
    Finding of Congress that "the education of children with disabilities can be made more effective by ... ensuring that families ... have meaningful opportunities to participate"

  15. Section 1414 - Evaluations, eligibility determinations, individualized education programs, and educational placements

    20 U.S.C. § 1414   Cited 2,725 times   4 Legal Analyses
    Defining assessments as tools used during an evaluation or re-evaluation to ensure a child is evaluated in "all areas of suspected disability" and to determine "an appropriate educational program for the child."

  16. Section 104.33 - Free appropriate public education

    34 C.F.R. § 104.33   Cited 302 times   2 Legal Analyses
    Finding that regulation implementing Section 504 requiting the recipients of federal assistance that operate public schools to provide a free appropriate public education

  17. Section 300.320 - Definition of individualized education program

    34 C.F.R. § 300.320   Cited 211 times
    Stating that IEP should indicate when periodic progress reports will be provided

  18. Section 300.323 - When IEPs must be in effect

    34 C.F.R. § 300.323   Cited 107 times   2 Legal Analyses
    Requiring education "in accordance with" the IEP

  19. Section 409.33 - Examples of skilled nursing and rehabilitation services

    42 C.F.R. § 409.33   Cited 34 times
    Recognizing that patients with multiple disabilities often require more extensive nursing or rehabilitation services than do patients with a single disability

  20. Section 104.1 - Purpose

    34 C.F.R. § 104.1   Cited 33 times   1 Legal Analyses

    The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance. 34 C.F.R. §104.1

  21. Section 604 - Administration of Medication to Pupils or Otherwise Assisting Pupils in the Administration of Medication

    Cal. Code Regs. tit. 5 § 604   Cited 4 times

    (a) A school nurse may administer medication to a pupil or otherwise assist a pupil in the administration of medication as allowed by law and in keeping with applicable standards of professional practice. (b) Other designated school personnel may administer medication to pupils or otherwise assist pupils in the administration of medication as allowed by law and, if they are licensed health care professionals, in keeping with applicable standards of professional practice for their license. (c) The

  22. Section 600 - Authorization

    Cal. Code Regs. tit. 5 § 600   Cited 2 times

    Pursuant to Section 49423 and subdivision (b) of Section 49423.6 of the Education Code, any pupil who is required to take, during the regular school day, prescribed medication may be assisted by a school nurse or other designated school personnel if both of the following conditions are met: (a) The pupil's authorized health care provider executes a written statement specifying, at a minimum, the medication the pupil is to take, the dosage, and the period of time during which the medication is to

  23. Section 601 - Definitions

    Cal. Code Regs. tit. 5 § 601   Cited 2 times

    As used in Section 49423 and subdivision (b) of Section 49423.6 of the Education Code and in this article: (a) "Authorized health care provider" means an individual who is licensed by the State of California to prescribe medication. (b) "Medication" may include not only a substance dispensed in the United States by prescription, but also a substance that does not require a prescription, such as over-the-counter remedies, nutritional supplements, and herbal remedies. (c) "Medication log" may consist

  24. Section 73313 - Nursing Service-Drug Administration

    Cal. Code Regs. tit. 22 § 73313

    Nursing service shall include but not be limited to the following, with respect to the administration of drugs: (a) Medications and treatments shall be administered as prescribed and shall be recorded in patient's health records. (b) Preparation of doses for more than one scheduled administration time shall not be permitted. (c) Medications shall only be administered by personnel who have completed a state-approved training program in medication administration. (d) Medications shall be administered

  25. Section 76347 - Nursing Services-Administration of Medications and Treatments

    Cal. Code Regs. tit. 22 § 76347

    (a) Medications or treatments shall not be given except on the order of a person lawfully authorized to give such an order. (b) Medications and treatments shall be administered as prescribed and shall be recorded in client records as given. Recording shall include the name and title of the person administering the medication or treatment and date, time and dosage of the medication administered. Initials may be used provided that the signature of the person administering medications or treatments

  26. Rule 8.278 - Costs on appeal

    Cal. R. 8.278   Cited 4,781 times

    (a)Award of costs (1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal. (2) The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety. (3) If the Court of Appeal reverses the judgment in part or modifies it, or if there is more than one notice

  27. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer