DHS motion (California) · Go Syfert
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DHS motion in California

6 California opinions name it 2 courts 1985–2010 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Nelson v. Gauntgreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 2010–2010
1 sentence

2010It is too little because it is presented as sniping based on bits of evidence, not a *1015 comprehensive analysis of facts and figures needed to mount what constitutes a substantial evidence question (Toigo v. Town of Ross (1998) 70 Cal.App.4th 309, 317 [ 2 Cal.Rptr.2d 649 ]); it is too late because it arises for the first time in a reply brief (Nelson v. Gaunt (1981) 125 Cal.App.3d 623, 641 [ 78 Cal.Rptr. 167 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 808 [ 41 P.2d 639 ]).

11
Toigo v. Town of Rossgreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2010–2010
1 sentence

2010It is too little because it is presented as sniping based on bits of evidence, not a *1015 comprehensive analysis of facts and figures needed to mount what constitutes a substantial evidence question (Toigo v. Town of Ross (1998) 70 Cal.App.4th 309, 317 [ 2 Cal.Rptr.2d 649 ]); it is too late because it arises for the first time in a reply brief (Nelson v. Gaunt (1981) 125 Cal.App.3d 623, 641 [ 78 Cal.Rptr. 167 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 808 [ 41 P.2d 639 ]).

11
Utz v. Aureguygreen
calctapp · 1952 · cited in 1 California opinions naming this issue, 2010–2010
1 sentence

2010It is too little because it is presented as sniping based on bits of evidence, not a *1015 comprehensive analysis of facts and figures needed to mount what constitutes a substantial evidence question (Toigo v. Town of Ross (1998) 70 Cal.App.4th 309, 317 [ 2 Cal.Rptr.2d 649 ]); it is too late because it arises for the first time in a reply brief (Nelson v. Gaunt (1981) 125 Cal.App.3d 623, 641 [ 78 Cal.Rptr. 167 ]; Utz v. Aureguy (1952) 109 Cal.App.2d 803, 808 [ 41 P.2d 639 ]).

11
Wilder v. Virginia Hospital Assn.green
scotus · 1990 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002News, p. 744; see also Wilder v. Virginia Hospital Assn. (1990) 496 U.S. 498, 515, fn. 13 [ 110 S.Ct. 2510, 2520 , 110 L.Ed.2d 455 ]; Folden v. Washington State DSHS (9th Cir. 1992) 981 F.2d 1054 , 1056.) *751 In orders dated January 9, 1997, and February 5, 1998, United States District Court Judge Marilyn Hall Patel denied DHS’s motion for summary judgment, determined that the procedural and substantive requirements of the Boren Amendment apply equally to in-state and out-of-state hospitals and found that DHS failed to meet its procedural requirements in setting reimbursement rates for out-of

2002News, p. 744; see also Wilder v. Virginia Hospital Assn. (1990) 496 U.S. 498, 515, fn. 13 [ 110 S.Ct. 2510, 2520 , 110 L.Ed.2d 455 ]; Folden v. Washington State DSHS (9th Cir. 1992) 981 F.2d 1054 , 1056.) *751 In orders dated January 9, 1997, and February 5, 1998, United States District Court Judge Marilyn Hall Patel denied DHS’s motion for summary judgment, determined that the procedural and substantive requirements of the Boren Amendment apply equally to in-state and out-of-state hospitals and found that DHS failed to meet its procedural requirements in setting reimbursement rates for out-of

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Tidewater Marine Western, Inc. v. Bradshaw green
cal · 1996
2 sentences

2003As applied to IHSS payments, respondents' argument is that "the decision not to enforce claims . . . fails to amount to an underground regulation because it does not apply generally [as required under Tidewater Marine Western, Inc. v. Bradshaw, supra, 14 Cal.4th at p. 571 , [ 59 Cal.Rptr.2d 186 , 927 P.2d 296 ]].

2003As applied to IHSS payments, respondents' argument is that "the decision not to enforce claims . . . fails to amount to an underground regulation because it does not apply generally [as required under Tidewater Marine Western, Inc. v. Bradshaw, supra, 14 Cal.4th at p. 571 , [ 59 Cal.Rptr.2d 186 , 927 P.2d 296 ]].

22003–2003
Faragher v. City of Boca Raton green
scotus · 1998
1 sentence

2003Under these decisions, in an employee's action under title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) (Title VII) seeking damages for workplace sexual harassment not involving a "tangible employment action," such as demotion or termination, [2] an employer may establish a partial or complete defense by proving: "(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to a

12003–2003
Burlington Industries, Inc. v. Ellerth green
scotus · 1998
1 sentence

2003Under these decisions, in an employee's action under title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) (Title VII) seeking damages for workplace sexual harassment not involving a "tangible employment action," such as demotion or termination, [2] an employer may establish a partial or complete defense by proving: "(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to a

12003–2003
Henry B. Folden v. Washington State Department Of Social And Health Services green
ca9 · 1992
1 sentence

2002News, p. 744; see also Wilder v. Virginia Hospital Assn. (1990) 496 U.S. 498, 515, fn. 13 [ 110 S.Ct. 2510, 2520 , 110 L.Ed.2d 455 ]; Folden v. Washington State DSHS (9th Cir. 1992) 981 F.2d 1054 , 1056.) *751 In orders dated January 9, 1997, and February 5, 1998, United States District Court Judge Marilyn Hall Patel denied DHS’s motion for summary judgment, determined that the procedural and substantive requirements of the Boren Amendment apply equally to in-state and out-of-state hospitals and found that DHS failed to meet its procedural requirements in setting reimbursement rates for out-of

12002–2002
Northwest Hospital, Inc. v. Hospital Service Corp., Blue Cross Association, Patricia Harris, Secretary of Health and Human Services green
ca7 · 1982
2 sentences

1985The sole authority cited to support this argument is Northwest Hospital, Inc. v. Hospital Service Corp. (7th Cir. 1982) 687 F.2d 985 .

1985The sole authority cited to support this argument is Northwest Hospital, Inc. v. Hospital Service Corp. (7th Cir. 1982) 687 F.2d 985 .

11985–1985

Where else courts name it

OR 15 (2012–2024) PA 11 (2004–2026) AR 9 (1998–2021) HI 9 (1999–2025) CA 6 (1985–2010) RI 4 (2006–2013) GA 3 (2017–2023) OK 3 (2012–2025) IA 2 (2016–2019) WV 2 (2025–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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