Douglas v. Independent Living Center of Southern California, Inc.  ·  2012-02-22  ·  Supreme Court  ·  2 pin-cites  ·  pin 416 F.3d at 1051

“[T]he flexible, admin- istrative standards embodied in [§30(A)] do not reflect a Congressional intent to provide a private remedy for their violation”

Thorpe v. District of Columbia  ·  2012-02-14  ·  District of Columbia  ·  pin 416 F.3d at 1051

“Currently, DMH has only two individuals whose part-time job is to “work with” individuals in nursing facilities, meaning to oversee the PASRR assessment process; only one of these individuals is assigned to assist with transitions from nursing facilities on a part-time basis”

Hawaii Coalition for Health v. Hawaii  ·  2008-09-04  ·  D. Hawaii  ·  pin 416 F.3d at 1051

“A statutory provision that refers to the individual only in the context of describing the necessity of developing statewide policies and procedures does not reflect a clear Congressional intent to create a private right of action.”