Legal Opinion
Beverly Community Hospital Ass'n v. Belshe
Court of Appeals for the Ninth Circuit
Decided December 2, 1997No. Nos. 97-55022, 96-55208, 97-55713, 96-56249, 96-56485, 96-56648, 96-56699 and 96-56745PublishedCited by 33 opinions
1Opinion of the Court
SHADUR, District Judge:
We address here a question of first impression, not only in this Circuit but (understandably in light of the recency of the legislation involved) in any court: whether a congressional enactment adopted in August 1997, but stating that it is retroactive and applicable to pending cases, calls for approval of the reading that has been given to the pre-enactment version of the same legislation by the Secretary of the United States Department of Health and Human Services (“Secretary”). Because -We answer that question in the affirmative, we reverse all three decisions below.1
2Cases cited20 opinions
- Griffith v. KentuckySupreme Court of the United States · 1987
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Harris v. McRaeSupreme Court of the United States · 1980
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
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3Cited by33 opinions
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- United States v. WrightCourt of Appeals for the Ninth Circuit · 2010
- Jeannette D. Brown v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Virginia Trial Lawyers Association, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2004
- ABKCO Music, Inc. v. LavereCourt of Appeals for the Ninth Circuit · 2000
- Cookeville Regional Medical Center v. LeavittCourt of Appeals for the D.C. Circuit · 2008
28 more not listed; retrieve them via the Exa API.