Legal Opinion

American Lithotripsy Society v. Thompson

District Court, District of Columbia

Decided July 12, 2002No. 1:01-cv-01812PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OPINION

KENNEDY, District Judge.

Plaintiffs American Lithotripsy Society (“ALS”) and Urology Society of America (“USA”) bring this action against defendant Centers for Medicare and Medicaid Services (“CMMS”) contending that two regulations promulgated by defendant are unlawful as they apply to a medical procedure known as lithotripsy. Plaintiffs contend that the regulations violate the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (“APA”), and the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq. (“RFA”). The first regulation classifies lithotripsy as an “inpatient [or]…

2Cases cited25 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  4. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  5. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989

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3Cited by17 opinions

  1. Sloan v. South Carolina Board of Physical Therapy ExaminersSupreme Court of South Carolina · 2006
  2. TRIAD AT JEFFERSONVILLE I, LLC v. LeavittDistrict Court, District of Columbia · 2008
  3. United States Ex Rel. Pogue v. Diabetes Treatment Centers of AmericaDistrict Court, District of Columbia · 2008
  4. National Athletic Trainers' Ass'n v. United States Department of Health & Human ServicesCourt of Appeals for the Fifth Circuit · 2006
  5. Three Lower Counties Community Health Services Inc. v. U.S. Department of Health & Human ServicesDistrict Court, District of Columbia · 2007

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