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7.5 score
“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. 23 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 as authority (quoted)
Dillard v. Norfolk Southern Railway Co.
of course, passive warning devices are not adequate where section 646.214(b)(3) applies....
discussed
Cited as authority (rule)
Menk v. Lapaglia (In Re Menk)
(2×)
If it is actually an abstention decision, then the court of appeals has no jurisdiction. 28 U.S.C. § 1334 (d); cf. Things Remembered, 516 U.S. at 128-29, 116 S.Ct. 494 .
discussed
Cited "see"
Interpretation of \Federal Means-Tested Public Benefit\" in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996"
See Elizabeth Blackwell Health Ctr. for Women v. Knoll, 61 F.3d 170 , 180 (3d Cir. 1995), cert. denied, 516 U.S. 1093 (1996). 7 The 1997 Opinion similarly purported to apply the canon that “Con- gress does not intend sub silentio to enact statutory language that it has earlier discarded in favor of other language.” 21 Op. O.L.C. at 29 (quot- ing INS v. Cardoza-Fonseca, 480 U.S. 421 , 442–43 (1987)).
discussed
Cited "see"
ATLANTIC CITY MED. CENTER v. Squarrell
(2×)
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"
People v. Atkins
A laboratory report relating to part of the drugs recovered from defendant was properly admitted as a business record (CPLR 4518; People v Taam, 260 AD2d 261 , lv denied 93 NY2d 1046 ) after a proper foundation was established through the testimony of a chemist who did not personally test that portion of the drugs. “[D]efendant’s constitutional right of confrontation was not abridged inasmuch as he had the opportunity to cross-examine the chemist-witness” (People v Driscoll, 251 AD2d 759, 760 [3d Dept], lv denied 92 NY2d 896 ; accord, e.g., Sherman v Scott, 62 F3d 136, 139-142 [and cases…
discussed
Cited "see"
Michael C. Ex Rel. Stephen C. v. Radnor Township School District
(2×)
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"
Michael 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 (1996); see also Honig, 484 U.S. at 325 n.8 (according deference to OSEP policy letter setting forth agency's interpretation of phrase "change in placement" in IDEA's predecessor statute). 23 The conclusion expressed in OSEP Policy Memorandum 96-5 that one state need not automatically accept and implement a…
discussed
Cited "see"
In Re Halas
See Matter of Statistical Tabulating Corp., Inc., 60 F.3d 1286, 1288 (7th Cir.1995), cert. denied, 516 U.S. 1093 , 116 S.Ct. 815 , 133 L.Ed.2d 759 (1996) (stating “dismissal of a bankruptcy proceeding normally results in dismissal of *623 related proceedings because federal jurisdiction is premised upon the nexus between the underlying bankruptcy case and the related proceeding” although exceptions to this rule exist); and see In re Income Property Builders, Inc., 699 F.2d 963, 964 (9th Cir.1982) (finding where bankruptcy was dismissed following modification of the stay, bankruptcy court l…
discussed
Cited "see"
Bankers Life and Casualty Company v. United States
(2×)
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 v. Secretary 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, 116 S. Ct. 816 (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
(2×)
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).
cited
Cited "see"
MACK BROWN v. JAMES V. ANDERSON, SUPERINTENDENT; MISSISSIPPI STATE PENITENTIARY
See Sherman v. Scott, 62 F.3d 136, 138-39 (5th Cir. 1995), cert. denied, 116 S. Ct. 816 (1996).
discussed
Cited "see, e.g."
Gulf Insurance v. Glasbrenner
Indeed, quite the opposite, “[i]t is ... well established that bankruptcy courts retain jurisdiction after a case has been dismissed or closed to interpret or enforce previously entered orders.” In re Williams, 256 B.R. 885, 892 (8th Cir. BAP 2001) (citations omitted); see also In re Menk, 241 B.R. 896, 906 (9th Cir. BAP 1999) (noting that “[t]he bankruptcy court retains subject-matter jurisdiction to interpret orders entered prior to dismissal [as well as] post-dismissal jurisdiction to entertain a dispute over the propriety of a turnover order on remand from an appellate court,” and …
discussed
Cited "see, e.g."
F.K. v. Division of Medical Assistance & Health Services & Ocean County Board of Social Services
(2×)
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."
Estate of FK v. DMAHS
(2×)
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
(2×)
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,…
discussed
Cited "see, e.g."
Sec of Labor v. D.M. Sabia Co.
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), cert. denied, 116 S. Ct. 816 (1996).
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…
Knoll
v.
Elizabeth Blackwell Health Center for Women
v.
Elizabeth Blackwell Health Center for Women
No. 95-820.
Supreme Court of the United States.
Jan 22, 1996.
Cited by 2 opinions | Published
Citer courts: Supreme Court of Alabama (1)
C. A. 3d Cir. Certiorari denied.