Legal Opinion

Cedars-Sinai Medical Center v. Shalala

Court of Appeals for the Ninth Circuit

Decided September 10, 1997No. Nos. 96-55358, 96-55892PublishedCited by 137 opinions

1Opinion of the Court

SCHROEDER, Circuit Judge.

The Secretary of Health and Human Services appeals the district court’s summary judgment in favor of Cedars-Sinai Medical Center and twenty-four other hospitals (“the Hospitals”) in the Hospitals’ declaratory judgment action challenging a 1986 Health Care Financing Administration (“HCFA”) policy. The challenged policy provides that Medicare will not cover investigational medical devices that have not been approved for marketing by the Food and Drug Administration. The Hospitals claim, and the district court held, that the policy is invalid because it was not issued in…

2Cases cited27 opinions

  1. Bowen v. City of New YorkSupreme Court of the United States · 1986
  2. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  3. Dennis v. United StatesSupreme Court of the United States · 1966
  4. Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
  5. Soriano v. United StatesSupreme Court of the United States · 1957

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3Cited by137 opinions

  1. John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
  2. Kwai Wong v. David BeebeCourt of Appeals for the Ninth Circuit · 2013
  3. Bozic v. U.S. Dist. Court for the S. Dist. of Cal.Court of Appeals for the Ninth Circuit · 2018
  4. Wallerstein v. Dole Fresh Vegetables, Inc.District Court, N.D. California · 2013
  5. Herr v. United States Forest ServiceCourt of Appeals for the Sixth Circuit · 2015

132 more not listed; retrieve them via the Exa API.

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