32 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 239,217 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. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 114,430 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,246 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
  5. R.A.V. v. St. Paul

    505 U.S. 377 (1992)   Cited 1,636 times   8 Legal Analyses
    Holding the government may not "license one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensberry rules"
  6. United States v. Playboy Entertainment Group, Inc.

    529 U.S. 803 (2000)   Cited 851 times   7 Legal Analyses
    Holding that a statute was content based because it “applies only to channels primarily dedicated to sexually explicit adult programming or other programming that is indecent”
  7. Whalen v. Roe

    429 U.S. 589 (1977)   Cited 1,734 times   11 Legal Analyses
    Holding that New York's collection of prescription records in a computerized database did not violate patients' and physicians' right to privacy under the Due Process Clause of the Fourteenth Amendment
  8. United States v. Powell

    379 U.S. 48 (1964)   Cited 1,920 times   20 Legal Analyses
    Holding that the government needs to show probable cause only when the taxpayer raises a substantial question that judicial enforcement constitutes an abuse of process
  9. Alexander v. United States

    509 U.S. 544 (1993)   Cited 547 times   8 Legal Analyses
    Holding that in personam criminal forfeiture is subject to the Excessive Fines Clause
  10. Ferguson v. City of Charleston

    532 U.S. 67 (2001)   Cited 429 times   6 Legal Analyses
    Holding that a hospital policy authorizing "nonconsensual, warrantless, and suspicionless searches" contravened the Fourth Amendment
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 97,825 times   674 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  13. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,771 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."
  14. Rule 3 - Commencing an Action

    Fed. R. Civ. P. 3   Cited 3,035 times   5 Legal Analyses
    Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
  15. Section 1320d-1 - General requirements for adoption of standards

    42 U.S.C. § 1320d-1   Cited 150 times   2 Legal Analyses
    Stating that the statute applies to health plans, health care clearinghouses, and health care providers
  16. Section 876 - Subpenas

    21 U.S.C. § 876   Cited 64 times   3 Legal Analyses
    Providing for judicial enforcement
  17. Section 159.002 - Confidential Communications

    Tex. Occ. Code § 159.002   Cited 38 times
    Referring to a "record of the identity, diagnosis, evaluation, or treatment of a patient"
  18. Section 159.003 - Exceptions to Confidentiality in Court or Administrative Proceedings

    Tex. Occ. Code § 159.003   Cited 12 times
    Listing exception "in a civil action or administrative proceeding, if relevant, brought by the patient or a person on the patient's behalf, if the patient or person is attempting to recover monetary damages for a physical or mental condition including the patient's death"
  19. Section 159.009 - Injunction; Cause of Action for Unauthorized Release of Confidential Information

    Tex. Occ. Code § 159.009   Cited 4 times
    Authorizing person aggrieved by violation of statute to bring a cause of action for civil damages
  20. Section 159.004 - Exceptions to Confidentiality in Other Situations

    Tex. Occ. Code § 159.004   Cited 2 times

    (a) An exception to the privilege of confidentiality in a situation other than a court or administrative proceeding, allowing disclosure of confidential information by a physician, exists only with respect to the following: (1) a governmental agency, if the disclosure is required or authorized by law; (2) medical, mental health, or law enforcement personnel, if the physician determines that there is a probability of: (A) imminent physical injury to the patient, the physician, or another person; or

  21. Section 164.512 - Uses and disclosures for which an authorization or opportunity to agree or object is not required

    45 C.F.R. § 164.512   Cited 1,335 times   117 Legal Analyses
    Approving disclosure to health oversight agency of protected health information to determine eligibility for government benefit programs
  22. Section 160.203 - General rule and exceptions

    45 C.F.R. § 160.203   Cited 142 times   11 Legal Analyses
    Preserving contrary state law when the law would provide greater protection than HIPAA
  23. Section 160.202 - Definitions

    45 C.F.R. § 160.202   Cited 90 times   5 Legal Analyses
    Defining "contrary" to mean " A covered entity or business associate would find it impossible to comply with both the State and Federal requirements; or The provision of State law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of part C of title XI of the Act, section 264 of Public Law 104–191, or sections 13400–13424 of Public Law 111–5, as applicable."
  24. Section 160.102 - Applicability

    45 C.F.R. § 160.102   Cited 70 times   3 Legal Analyses

    (a) Except as otherwise provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to the following entities: (1) A health plan. (2) A health care clearinghouse. (3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter. (b) Where provided, the standards, requirements, and implementation specifications adopted under this subchapter apply to a business associate. (c)

  25. Section 164.104 - Applicability

    45 C.F.R. § 164.104   Cited 35 times   3 Legal Analyses
    Defining health care provider who is covered by HIPAA regulations as a provider "who transmits any health information in electronic form in connection with a transaction covered by this subchapter"
  26. Section 164.528 - Accounting of disclosures of protected health information

    45 C.F.R. § 164.528   Cited 14 times   8 Legal Analyses
    Providing for right of individual to demand an accounting of covered entity's disclosures of health information to others
  27. Rule 509 - Physician-Patient Privilege

    Tex. R. Evid. 509   Cited 89 times

    (a) Definitions. In this rule: (1) A "patient" is a person who consults or is seen by a physician for medical care. (2) A "physician" is a person licensed, or who the patient reasonably believes is licensed, to practice medicine in any state or nation. (3) A communication is "confidential" if not intended to be disclosed to third persons other than those: (A) present to further the patient's interest in the consultation, examination, or interview; (B) reasonably necessary to transmit the communication;