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“congress has considered the likelihood that some board decisions in representation proceedings may evade all judicial review. nevertheless, it has rejected attempts to provide review in such cases”
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 40 distinct citers.
How cited ↗
discussed
Cited "but see"
James P. Kartell, M.D. v. Blue Shield of Massachusetts, Inc., James P. Kartell, M.D. v. Blue Shield of Massachusetts, Inc., Massachusetts Medical Society, Intervenors/plaintiffs, James P. Kartell, M.D. v. Blue Shield of Massachusetts, Inc., Commissioner of Insurance, Intervenor/defendant
But cf. Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476 (4th Cir.1980) (Blue Shield found to be a combination, not of policyholders, but of physicians ), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981). 10 Once one accepts the fact that, from a commercial perspective, Blue Shield in essence 'buys' medical services for the account of others, the reasoning underlying the Second, Third, and Seventh Circuit views indicates that the ban on balance billing is permissible.
discussed
Cited "but see"
Kartell v. Blue Shield of Massachusetts, Inc.
But cf. Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476 (4th Cir.1980) (Blue Shield found to be a combination, not of policyholders, but of physicians), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited as authority (quoted)
National Labor Relations Board v. California Horse Racing Board, and International Brotherhood of Electrical Workers, Local Union 1501
congress has considered the likelihood that some board decisions in representation proceedings may evade all judicial review. nevertheless, it has rejected attempts to provide review in such cases
cited
Cited as authority (rule)
Dr. Donald J. Barry and Dr. Bert Hassler v. Blue Cross of California
Id. at 480-81.
examined
Cited as authority (rule)
Trident Neuro-Imaging Laboratory v. Blue Cross & Blue Shield of South Carolina, Inc.
(3×)
The court held that the defendants’ activities were not the “business of insurance.” Id. at 483-84.
examined
Cited as authority (rule)
John Hahn, Wade Liggett, Joseph Aizawa v. Oregon Physicians Service, John Hahn v. G. Livingstone, Hige Aizawa v. Josephine M. Driscoll, Acting Insurance Commissioner of the State of Oregon, Lawrence Helton, David Hoyal, Wade Liggett v. Rogue Valley Physicians' Service, Lawrence Helton, David Hoyal v. Greater Oregon Health Services
(3×)
also: Cited "see, e.g."
The court held that the defendants' activities were not the "business of insurance." Id. at 483-84.
examined
Cited as authority (rule)
Hahn v. Oregon Physicians Service
(3×)
also: Cited "see, e.g."
The court held that the defendants’ activities were not the “business of insurance.” Id. at 483-84.
examined
Cited as authority (rule)
Phillip M. Proctor v. State Farm Mutual Automobile Insurance Company
(4×)
Rather, the court stated that “[t]he essence of the business of insurance is the relationship between the insurance company and its policyholder.” Id. at 483.
discussed
Cited "see"
Federal Deposit Ins. Corp. v. Cheng
As noted above, Hutton brought its “claim for recoupment as a result of FSLIC and FHLBB’s failure to enforce their regulatory contracts required with the responsible parties, PRC, Cheng and Heath, including to maintain the net worth of Guaranty Federal and prevent its insolvency.” Hutton’s Amended Counterclaim ¶ 20 (emphasis added); see id. (alleging failure to enforce “various contractual terms” of “various agreements” between *636 FSLIC and PRC, Cheng, and Heath).
discussed
Cited "see"
United States v. Rolf Anton
However, we limited this “mistake of law” defense to situations in which “the accused’s mistake [is] objectively reasonable under the circumstances presented.” Id.; see United States v. Moore, 627 F.2d 830, 833 (7th Cir.1980), ce rt. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); see also United States v. Witvoet, 767 F.2d 338, 340 (7th Cir.1985) (reaffirming Moore).
discussed
Cited "see"
State of Md. v. Blue Cross and Blue Shield
(2×)
also: Cited "see, e.g."
See Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476, 483 (1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see"
International Longshoremen's Ass'n v. National Mediation Board
See Delpro v. Brother *116 hood Railway Carmen of the U.S. and Canada, AFL-CIO, 676 F.2d 960 (3d Cir.), cert. denied, 459 U.S. 989 , 103 S.Ct. 343 , 74 L.Ed.2d 384 (1982). 6 The Court of Appeals for this Circuit, however, has twice recently rejected the contention that labor representation decisions of the NLRB are reviewable, holding that it is only when the agency has violated a clear and mandatory legislative provision (as it did in Leedom v. Kyne), and the party aggrieved has no alternative means of redress, that district courts may entertain actions to review its decisions, Physicians Nat…
discussed
Cited "see"
Louis E. Holker v. United States
See United States v. Grabinski, 727 F.2d 681, 686 (8th Cir.1984) (citing United States v. Moore, 627 F.2d 830, 834 (7th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981)).
discussed
Cited "see"
Alonzo v. Blue Cross of Greater Philadelphia
See Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476, 478 (4th Cir.1980) (while Virginia “Freedom of Choice” statute required payments to licensed psychologists, Blue Shield of Virginia and Southwestern Virginia refused to pay for psychologist services unless billed through a physician), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); Ballard v. Blue Shield of Southern West Virginia, Inc., 543 F.2d 1075, 1079 (4th Cir.1976) (while West Virginia law specifically authorized Blue Shield to insure chiropractic treatment, Blue Shield refus…
cited
Cited "see"
United States v. John M. Grabinski
See United States v. Moore, 627 F.2d 830, 834 (7th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
cited
Cited "see"
United States v. Grabinski
See United States v. Moore, 627 F.2d 830, 834 (7th Cir.1980) (relying on § 6011(a) in defining return for purposes of § 7203), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981). 7 .
cited
Cited "see"
United Food and Commercial Workers, Local 400, Affiliated With United Food and Commercial Workers, Afl-Cio v. National Labor Relations Board
See Physicians National House Staff Association v. Fanning, 642 F.2d 492 (D.C.Cir.1980) (en banc), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see"
United States v. Thomas Richard Warner, Michael Charles Ward
(2×)
See United States v. Rodgers, 624 F.2d 1303, 1308 (5th Cir.), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1980); United States v. Watson, 594 F.2d 1330, 1340 (10th Cir. 1979), cert. denied, 444 U.S. 840 , 100 S.Ct. 78 , 62 L.Ed.2d 51 (1980). 27 Warner's final contention on appeal is that the district court committed reversible error in denying his pretrial motion for severance. 12 Warner relies both on Rule 8 and on Rule 14, Fed.R.Crim.P. 28 Rule 8(b), Fed.R.Crim.P., provides that joinder of defendants is permissible if they are alleged to have participated "in the same serie…
discussed
Cited "see"
United States v. Thomas E. Verkuilen
See United States v. Moore, 627 F.2d 830, 833 (7th Cir. 1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); United States v. Sawyer, 607 F.2d 1190, 1192 (7th Cir. 1979), cert. denied, 445 U.S. 943 , 100 S.Ct. 1338 , 63 L.Ed.2d 776 (1980).
discussed
Cited "see"
Virginia Academy of Clinical Psychologists v. Blue Shield
See Virginia Academy of Clinical Psychologists v. Blue Shield of Va., 469 F.Supp. 552 (E.D.Va.1979), aff’d in part and vacated in part, 624 F.2d 476 (4th Cir. 1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see"
United States v. Anthony Wentworth Bethea, Kenneth Jerome Bragg, United States of America v. Kenneth Jerome Bragg, United States of America v. Roy Carson Fugate
Accord, United States v. Rodgers, 624 F.2d 1303, 1309-10 (5th Cir. 1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); United States v. Knight, 607 F.2d 1172, 1175 (5th Cir. 1979).
discussed
Cited "see"
United States v. Bethea
Accord, United States v. Rodgers, 624 F.2d 1303, 1309-10 (5th Cir. 1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); United States v. Knight, 607 F.2d 1172, 1175 (5th Cir. 1979).
discussed
Cited "see"
Robinson v. Magovern
Accord, Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476, 484-86 (4th Cir. 1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981) (court declined to apply per se analysis to group boycott claim, which was based on defendants’ refusal to pay for services rendered by clinical psychologists unless such services are billed through a physician, but it found that this requirement violated the rule of reason).
discussed
Cited "see"
State by Spannaus v. Century Camera, Inc.
See Equifax Services, Inc. v. Cohen, 420 A.2d 189 (Me.1980), ce rt. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981) (commercial speech assumed arguendo to include credit information collected under the Maine Fair Credit Reporting Act); Motor & Equipment Manufacturers Association v. Environmental Protection Agency, 627 F.2d 1095 (D.C.Cir.1979), cer t. denied, 446 U.S. 952 , 100 S.Ct. 2917 , 64 L.Ed.2d 808 (1980) (communication of maintenance information by manufacturer to consumer found to be commercial speech); K.D. v. Educational Testing Service, 87 Misc.2d 657 , 386 N.Y.S.2d 74…
discussed
Cited "see, e.g."
Railway Labor Executives' Ass'n v. National Mediation Board
See also Physicians Nat’l House Staff Ass’n v. Fanning, 642 F.2d 492, 496 (D.C.Cir.1980) (en banc) (agency must violate a specific command), cert, denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see, e.g."
Railway Labor Executives' Association v. National Mediation Board
See also Physicians Nat'l House Staff Ass'n v. Fanning, 642 F.2d 492, 496 (D.C.Cir.1980) (en banc ) (agency must violate a specific command), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see, e.g."
Berger v. City of North Miami, Fla.
Frederick v. United States, 386 F.2d 481, 487 (5th Cir.1967); see also EEOC v. First Nat’l Bank, 614 F.2d 1004, 1008 (5th Cir.1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1361 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see, e.g."
University of Vermont v. State of Vt.
See also, Physicians Nat’l House Staff Ass’n v. Fanning, 642 F.2d 492 (D.C.Cir.), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1980) (district court lacks subject matter jurisdiction to review Board’s decision that hospital house staff are not employees under § 2(3) of the NLRA); New York Univ. v. N.L.R.B., 364 F.Supp. 160 (S.D.N.Y.1973) (district court lacks subject matter jurisdiction to review Board’s determination that university staff are not “supervisors” and are “employees” within the meaning of the *241 Act). 7 Nor would the Board’s denial of a heari…
discussed
Cited "see, e.g."
Federal Deposit Insurance v. Corning Savings & Loan Ass'n
See, e.g., EEOC v. First National Bank of Jackson, 614 F.2d 1004, 1007 (5th Cir.1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1361 , 67 L.Ed.2d 342 (1981); United States v. Lockheed L-188 Aircraft, 656 F.2d 390, 393 (9th Cir.1979); United States v. Drinkwater, 434 F.Supp. 457, 460 (E.D.Va.1977).
cited
Cited "see, e.g."
United States v. Lindberg Corp.
See also EEOC v. First National Bank of Jackson, 614 F.2d 1004, 1008 (5th Cir.1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1361 , 67 L.Ed.2d 342 (1980).
discussed
Cited "see, e.g."
United States v. William A. Croft
(2×)
See also United States v. Moore, 627 F.2d 830, 832-33 (7th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
discussed
Cited "see, e.g."
Weiss v. York Hospital
See also Virginia Academy of Clinical Psychologists v. Blue Shield of Va., 624 F.2d 476 , 479-481 (4th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981) (Blue Shield of Virginia deemed an agent under the direction and control of its member physicians, and therefore its actions were that of a “combination” for section 1 purposes).
discussed
Cited "see, e.g."
Weiss v. York Hospital
See also Virginia Academy of Clinical Psychologists v. Blue Shield of Va., 624 F.2d 476 , 479-481 (4th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981) (Blue Shield of Virginia deemed an agent under the direction and control of its member physicians, and therefore its actions were that of a "combination" for section 1 purposes). 154 On the basis of these cases, we believe that the actions of the York medical staff are the actions of a combination of the individual doctors who make it up.
cited
Cited "see, e.g."
United States v. Beachner Construction Company, Inc.
See also United States v. Rodgers, 624 F.2d 1303 (5th Cir.1980), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); United States v. David E.
discussed
Cited "see, e.g."
Wheeling-Pittsburgh Steel Corp. v. Allied Tube & Conduit Corp.
See, e.g., Virginia Academy of Clinical Psychologists v. Blue Shield of Virginia, 624 F.2d 476, 481-82 (4th Cir.1980), ce rt. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981) (joint action to challenge state law requiring insurance companies to pay benefits for psychological care protected by Noerr-Pennington doctrine; however, joint action to deny such benefits pending the legislative challenge is not protected).
discussed
Cited "see, e.g."
United States v. Steven T. Heise
See, e.g., United States v. Moore, 627 F.2d 830, 832 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (7th Cir.1980) (in a § 7203 prosecution it is acceptable to use earlier returns to show willfulness), cer t. denied, 450 U.S. 916 (1981), citing United States v. Stout, 601 F.2d 325, 329 (7th Cir.), cert. denied, 444 U.S. 979 , 100 S.Ct. 481 , 62 L.Ed.2d 406 (1979); United States v. Thiel, 619 F.2d 778, 781 (8th Cir.) (there is no abuse of discretion in admitting taxpayer’s income tax filings either for the years preceding or following the years upon which the conviction is based), cert. denied, 449 U.S. …
cited
Cited "see, e.g."
The New York Racing Association, Inc. v. National Labor Relations Board and New York State Labor Relations Board
See, e.g., Physicians National House Staff Ass’n v. Fanning, 642 F.2d 492, 499 (D.C.Cir.1980) (in banc), cert. denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981).
cited
Cited "see, e.g."
Jones v. United States
See, e.g., United States v. Moore, 627 F.2d 830 (7th Cir.1980), cert. denied, 450 U.S. 916 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 (1981); United States v. Edelson, 604 F.2d 232 (3d Cir. 1979).
discussed
Cited "see, e.g."
Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) v. National Mediation Board
Jurisdiction is not present simply because the NLRB has made an error of law in a certification proceeding; jurisdiction is warranted only if the NLRB has violated a clear and specific statutory di *670 rective.” Chicago Truck Drivers, etc. v. NLRB, 599 F.2d 816 , 819 (7th Cir. 1979); see also Physicians National House Staff Ass’n v. Fanning, 642 F.2d 492, 496 (D.C.Cir.1980) (en banc), certiorari denied, 450 U.S. 917 , 101 S.Ct. 1360 , 67 L.Ed.2d 342 ; Rockford Redi-Mix Co., Inc. v. Zipp, 632 F.2d 30, 31 (7th Cir. 1980), certiorari denied, 450 U.S. 929 , 101 S.Ct. 1388 , 67 L.Ed.2d 362 .
Retrieving the full opinion text from the archive…
Anthony J. Bertucci Construction Co., Inc.
v.
United States
v.
United States
No. 80-934.
Supreme Court of the United States.
Feb 23, 1981.
Cited by 7 opinions | Published
Citer courts: Ninth Circuit (1)
C. A. 5th Cir. Certiorari denied.