Legal Opinion

Arkansas Regional Organ Recovery Agency, Inc. v. Shalala

District Court, E.D. Arkansas

Decided July 6, 2000No. 4:00CV00246GHPublished

1Opinion of the Court

ORDER

GEORGE HOWARD, Jr., District Judge.

On April 6th, plaintiff, the organ procurement organization (OPO) for most of Arkansas, filed a verified complaint and petition for preliminary injunction seeking to have certain Final Rule and Performance Standards 1 applicable to organ procurement organizations (OPOs) declared invalid because the Health Care Financing Administration (HCFA) exceeded its Congressional authority in enacting them and that they are arbitrary and capricious and also to enjoin the HCFA from applying those rules and standards to plaintiff and/or decertifying plaintiff based…

2Cases cited7 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Camp v. PittsSupreme Court of the United States · 1973
  5. Holloway v. PigmanCourt of Appeals for the Eighth Circuit · 1989

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