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“of course, passive warning devices are not adequate where section 646.214(b)(3) applies....”
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 15 distinct citers.
How cited ↗
discussed
Cited "but see"
Management Recruiters International, Inc. v. James W. Bloor, Christine E. Bloor, and Health Care International, Inc.
Co., 119 F.3d 816, 832 (10th Cir.1997) (citing cases); but see Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 182 (3d Cir.1995), ce rt. denied, — U.S. —, 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
discussed
Cited "but see"
Bashir v. National RR Passenger Corp.(Amtrak)
But see, Hester v. CSX Transp., Inc., 61 F.3d 382, 386-7 (5th Cir. 1995) (holding that state law is preempted where federal funds merely participate, regardless of whether that participation is significant), cer t. denied, — U.S. -, 116 S.Ct. 815 , 133 L.Ed.2d 760 (1996).
discussed
Cited as authority (quoted)
Dillard v. Norfolk Southern Railway Co.
of course, passive warning devices are not adequate where section 646.214(b)(3) applies....
cited
Cited "see"
ATLANTIC CITY MED. CENTER v. Squarrell
See Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F. 3d 170, 172 (3rd Cir.1995), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed. 2d 760 (1996).
discussed
Cited "see"
Michael C. Ex Rel. Stephen C. v. Radnor Township School District
See Elizabeth Blackwell Health Center for Women v. Knoll, 61 F.3d 170, 182 (3d Cir.1995) (deferring to HHS directive interpreting Hyde Amendment restricting use of Medicaid funds to fund abortions, and holding that HHS interpretation preempted Pennsylvania law), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996); see also Honig, 484 U.S. at 325 n. 8, 108 S.Ct. 592 (according deference to OSEP policy letter setting forth agency’s interpretation of phrase “change in placement” in IDEA’S predecessor statute).
discussed
Cited "see"
Bankers Life and Casualty Company v. United States
See Elizabeth Blackwell Health Center for Women v. Knoll, 61 F.3d 170, 182 (3d Cir.1995) (applying Chevron to a nontax interpretive regulation), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
discussed
Cited "see"
Appalachian States Low-Level Radioactive Waste Commission v. Hon. Federico Pena, 1 in His Official Capacity as Secretary of Energy
See Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 183 (3d Cir.1995)(“We must give substantial deference to an agency’s construction of its own regulation.”), cert. denied, — U.S.-, 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
discussed
Cited "see"
In re the Petition for the Enforcement of a Subpoena Issued to Delaware River Stevedores
See Elizabeth Blackwell Health Center v. Knoll, 61 F.3d 170, 183 (3d Cir.1995) (The court should use the “ordinary and natural meaning” of the regulation’s terms.), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
discussed
Cited "see, e.g."
Estate of FK v. DMAHS
See also Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 181 (3d Cir.1995) (Health Care Financing Administration directive in an effort to give interpretive guidance to the states in advance of their submission of state Medicaid plans deemed an interpretive rule), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed. 2d 760 (1996).
discussed
Cited "see, e.g."
F.K. v. Division of Medical Assistance & Health Services & Ocean County Board of Social Services
See also Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 181 (3d Cir.1995) (Health Care Financing Administration directive in an effort to give interpretive guidance to the states in advance of their submission of state Medicaid plans deemed an “interpretive rule”), cert. denied, 516 U.S. 1093 , 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
discussed
Cited "see, e.g."
57 soc.sec.rep.ser. 220, Medicare & Medicaid Guide P 46,329 Robert Chambers v. Ohio Department of Human Services
See Schweiker v. Gray Panthers, 453 U.S. 34, 43 , 101 S.Ct. 2633 , 69 L.Ed.2d 460 (1981) (“Perhaps appreciating the complexity of what it had wrought, Congress conferred on the Secretary exceptionally broad authority to prescribe standards for applying certain sections of the [Medicaid] Act.” ); see also Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 182 (3d Cir.1995) (stating that in interpreting the Medicaid statutes, “deference is appropriate here even though the Secretary’s interpretation is not contained in a ‘legislative rale’”), cert. denied, 516 U.S. 109…
discussed
Cited "see, e.g."
51 soc.sec.rep.ser. 522, Medicare & Medicaid Guide P 44,573 Visiting Nurse Association of North Shore, Inc. v. Bruce M. Bullen, Visiting Nurse Association of North Shore, Inc. v. Bruce M. Bullen
See 42 U.S.C. § 1302 ; 49 Fed.Reg. 35,247, 35,249 (1984); see also Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 174 (3d Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996) 2 We accept, arguendo, defendants' concession that the conversion to a "class rate" system constituted a "significant" and "material" change 3 As substantive violations, plaintiffs first alleged that the State had adopted its new methodology solely for the impermissible purpose of limiting its financial outlays under the Medicaid program, contrary to 42 U.S.C. § 1396a.
discussed
Cited "see, e.g."
Visiting Nurse Ass'n of North Shore, Inc. v. Bullen
See 42 U.S.C. § 1302 ; 49 Fed.Reg. 35,247, 35,-249 (1984); see also Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 174 (3d Cir.1995), cert. denied, -U.S. -, 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996). 2 .
discussed
Cited "see, e.g."
Robert B. Reich, Secretary of Labor, United States Department of Labor v. D.M. Sabia Company and Occupational Safety and Health Review Commission
Id. at 843, 846 , 104 S.Ct. at 2781, 2783 (“[A] court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency_ If the agency’s choice represents a reasonable accommodation of conflicting policies that were committed to the agency’s care by the statute, [a court] should not disturb it unless it appears from the statute ... that the accommodation is not one that Congress would have sanctioned.”); see also, e.g., Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170, 182 (3d Cir.1995), ce rt. denied,…
cited
Cited "see, e.g."
Interfaith Community Organization v. Alliedsignal, Inc.
Ass’n, 470 U.S. at 125 , 105 S.Ct. at 1107-08 ; see also Elizabeth Blackwell Health Ctr. v. Knoll, 61 F.3d 170, 182 (3d Cir.1995), cert. denied, — U.S.-, 116 S.Ct. 816 , 133 L.Ed.2d 760 (1996).
Retrieving the full opinion text from the archive…
SOUTHMARK CORPORATION
v.
D. Vinson MARLEY
v.
D. Vinson MARLEY
No. 95-790.
Supreme Court of the United States.
Jan 22, 1996.
Published
Citer courts: Supreme Court of Alabama (1)
Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.