green
Positive treatment
Quoted verbatim 1×
4.4 score
“it is a reasonable interpretation device to conclude that what someone has not said, someone has not meant.”
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Overruled
Boyle v. Anderson
“The containment of hospital costs is an exercise of a State’s police powers, which should not be superseded by federal regulations unless that was the clear intent of Congress.” Rebaldo v. Cuomo, 749 F.2d 133, 138 (2d Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985), overruled by The Travelers Ins.
discussed
Cited as authority (quoted)
Manji v. New York Life Insurance
it is a reasonable interpretation device to conclude that what someone has not said, someone has not meant.
discussed
Cited as authority (rule)
Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members v. Thomas P. Foley, in His Official Capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania. Pennsylvania State Building and Construction Trades Council (Amicus in District Court). Thomas P. Foley, in No. 93-7547. Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members, in No. 93-7573. Bell Telephone Company of Pennsylvania Communications Workers of America, Afl-Cio, District 13 v. Thomas P. Foley in His Official Capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania James R. Davis Frayda Kamber Richard W. Martz John H. Mickens. Pennsylvania State Building and Construction Trades Council, Afl-Cio (Amicus in District Court). Thomas P. Foley James R. Davis Frayda Kamber Richard W. Martz John H. Mickens
Because the surcharges imposed "a significant economic burden on commercial insurers and HMOs," the court found they had "an impermissible impact on ERISA plan structure and administration." Id. at 721.
discussed
Cited as authority (rule)
Keystone Chapter, Associated Builders & Contractors, Inc. v. Foley
Because the surcharges imposed “a significant economic burden on commercial insurers and HMOs,” the court found they had "an impermissible impact on ERISA plan structure and administration.” Id. at 721.
cited
Cited "see"
New England Health Care Employees Union, District 1199, Seiu Afl-Cio v. Mount Sinai Hospital
See Rebaldo v. Cuomo, 749 F.2d 133, 139-40 (2d Cir.1984) (Van Graafeiland, J., concurring), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
New England Health Care Employees Union v. Mount Sinai Hospital
See Rebaldo v. Cuomo, 749 F.2d 133, 139-40 (2d Cir.1984) (Van Graafeiland, J., concurring), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
Brown v. Daddario (In Re Daddario)
See In re Corn Derivatives Antitrust Litigation, 748 F.2d 157, 160 (3rd Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985). 2 .
cited
Cited "see"
Derek J. Smith v. Dunham-Bush, Inc., and the Robins Group, Inc.
See Rebaldo, 749 F.2d 133, 137 (2d Cir.1984), ce rt. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
Wilson Arlington Company Selden Ring Irving Axelrad v. Prudential Insurance Company of America
See Consolidated Gas Supply Corp. v. F.E.R.C., 745 F.2d 281 , 289 n. 18 (4th Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
discussed
Cited "see"
Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee
See Rebaldo v. Cuomo, 749 F.2d 133, 139-40 (2d Cir.1984) (Van Graafeiland, J., “writing only for himself and not his colleagues” on issue of whether state law which panel concluded was not preempted under section 514(a) would also be saved under section 514(d), if it had been preempted), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
discussed
Cited "see"
Hydrostorage, Inc. v. Northern California Boilermakers Local Joint Apprenticeship Committee
See Rebaldo v. Cuomo, 749 F.2d 133, 139-40 (2d Cir.1984) (Van Graafeiland, J., "writing only for himself and not his colleagues" on issue of whether state law which panel concluded was not preempted under section 514(a) would also be saved under section 514(d), if it had been preempted), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
Totton v. New York Life Insurance
See Rebaldo v. Cuomo, 749 F.2d 133 (2d Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
Totton v. New York Life Insurance
See Rebaldo v. Cuomo, 749 F.2d 133 (2d Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
cited
Cited "see"
Nemours Foundation v. Gilbane, Aetna, Federal Insurance
See In Re Corn Derivatives Antitrust Litigation, 748 F.2d 157, 161-62 (3d Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985).
discussed
Cited "see, e.g."
New York State Society of Orthopaedic Surgeons, Inc. v. Gould
See also Rebaldo v. Cuomo, 749 F.2d 133, 138 (2d Cir.1984) (containment of hospital costs within states’s police power), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985); Medical Society, 777 F.Supp. at 1160-61 (public health and cost of medical care traditional state functions) (collecting cases).
discussed
Cited "see, e.g."
Vann K. Howard and Kathryn D. Howard v. Parisian, Inc., Etc. Parisian Employees Health Care Plan Hahn Shoe Company Protective Life Insurance Company
See, e.g., Rebaldo v. Cuomo, 749 F.2d 133,137-40 (2d Cir.1984), cert. denied, 472 U.S. 1008 , 105 S.Ct. 2702 , 86 L.Ed.2d 718 (1985) (state statute establishing hospital rates chargeable to employee benefits plans not preempted).
Retrieving the full opinion text from the archive…
Rebaldo
v.
Cuomo, Governor of New York
v.
Cuomo, Governor of New York
No. 84-1347.
Supreme Court of the United States.
Jun 10, 1985.
Cited by 3 opinions | Published
Citer courts: D. South Carolina (1)
C. A. 2d Cir. Certiorari denied.