kaiser aetna v united states case brief

471 results for kaiser aetna v united states case brief

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  • __ U.S. __ (2015), 14-275, Horne v. Department of Agriculture

    The Agricultural Marketing Agreement Act authorizes the Secretary of Agriculture to promulgate orders to maintain stable markets for agricultural products. The marketing order for raisins established a Raisin Administrative Committee, which requires that growers set aside a percentage of their crop, free of charge. The government sells the reserve raisins in noncompetitive markets, donates them,...

    ... No. 14-275 . United States Supreme Court . June 22, 2015 . ...The Ninth Circuit held that, as in cases allowing the government to set conditions on land ... raisins without effecting a per se taking." Brief for Respondent 35; post, at 12 (SOTOMAYOR, J., ...a 'taking' of th[e] right" to exclude); Kaiser Aetna v. United States , 444 U.S. 164, 174-180, ...

  • 444 U.S. 164 (1979), 7738, Kaiser Aetna v. United States

    ... improvement for navigation involved in typical riparian condemnation cases as to amount to a taking requiring just compensation. Cf. Pennsylvania ... used for about five years to promote sales of marina lots and for a brief period by [100 S.Ct. 387] marina shopping center merchants to attract ...

  • 458 U.S. 419 (1982), 81-244, Loretto v. Teleprompter Manhattan CATV Corp.

    .... No. 81-244 . United States Supreme Court . June 30, 1982 . ... of the physical occupation rule in this case will not have dire consequences for the ...9 . .        In Kaiser Aetna v. United States , 444 U.S. 164 (1979), the ... See Brief for New York State Cable Television Association ...

  • 524 U.S. 498 (1998), 97-42, Eastern Enterprises v. APFEL

    .... Case No. 97-42 . United States Supreme Court . ... character of the governmental action." Kaiser Aetna v. United States, 444 U.S. 164, 175. Pp. ...With him on the briefs were John H. Mason and L. William Law. . ...

  • 447 U.S. 74 (1980), 79-289, Pruneyard Shopping Center v. Robins

    ... v. . Robins . No. 79-289 . United" States Supreme Court . June 9, 1980 .      \xC2"...         1. This case is properly before this Court as an appeal under ... limitation of it amounted to a "taking." Kaiser Aetna v. United States , 444 U.S. 164, ...Reply Brief for Appellants 2. Rather, they argue that. [t] ...

  • 512 U.S. 374 (1994), 93-518, Dolan v. City of Tigard

    ... DOLAN . v. . CITY OF TIGARD . Case No. 93-518 . United States Supreme Court . ...Smith argued the cause and filed briefs for petitioner.          Timothy V. ... are commonly characterized as property." Kaiser Aetna v. United States, 444 U.S. 164, 176 ...

  • 483 U.S. 825 (1987), 86-133, Nollan v. California Coastal Commission

    ... No. 86-133 . United States Supreme Court . June 26, 1987 . ...The court agreed, and remanded the case to the Commission for a full evidentiary hearing ..., 458 U.S. 419, 433 (1982), quoting Kaiser Aetna v. United States , 444 U.S. 164, 176 ...581, 584, 432 A.2d 12, 14-15 (1981); see Brief for United States as Amicus Curiae 22, and n. ...

  • 347 F.3d 1107 (9th Cir. 2003), 02-35020, Kaiser v. Blue Cross of California

    ... v. . BLUE CROSS OF CALIFORNIA, United States of America, Department of Health and ...The district court dismissed the case, finding no jurisdiction absent exhaustion of ...Aetna Health Plans of S. Cal., Inc., 98 F.3d 496, 501 ... - Appellees., 2002 WL 32302545 (Appellate Brief) (C.A.9 April 26, 2002), Brief of A˜!plants. ...

  • 503 U.S. 519 (1992), 90-1947, Yee v. City of Escondido

    .... City of Escondido . No. 90-1947 . United States Supreme Court . April 1, 1992 . ... to change how their land is used, this case also presents no occasion to consider whether the ... by the California Court of Appeal on the briefs and oral argument in the Yee case. ... are commonly characterized as property," Kaiser Aetna v. United States , 444 U.S. 164, 176 ...

  • 450 U.S. 621 (1981), 79-678, San Diego Gas & Electric Co. v. City of San Diego

    .... City of San Diego . No. 79-678. . United" States Supreme Court . March 24, 1981 .     \xC2"...] Appeal's judgment and retransferred the case to that court for reconsideration in light of the ...Robins , 447 U.S. 74, 83 (1980); Kaiser Aetna v. United States , 444 U.S. 164,. . 174 ... See Brief for Appellees 43. But "the. . Constitution ...

  • 484 U.S. 469 (1988), 86-870, Phillips Petroleum Co. v. Mississippi

    .... v. . Mississippi . No. 86-870 . United States Supreme Court . Feb. 23, 1988 . ... of the tide, is not persuasive, since the cases relied on by petitioners did not deal with tidal, ...Bowlby, 152 U.S. 1 (1894)." Reply Brief for Petitioners 11. The issue in Shively v. ... Cf. Kaiser Aetna v. United States , 444 U.S. 164, 183 (1979) ...

  • 477 U.S. 340 (1986), 84-2015, MacDonald, Sommer & Frates v. County of Yolo

    ... v. . County of Yolo . No. 84-2015 . United States Supreme Court . June 25, 1986 . ... at 130:. In that case, the [California] Supreme Court specifically and ... to hear this appeal, aided by briefing and oral argument, we find ourselves unable to ...v. Mahon , 260 U.S. 393, 415 (1922). See Kaiser Aetna v. United States , 444 U.S. 164, 178 ...

  • 481 U.S. 704 (1987), 85-637, Hodel v. Irving

    ... Hodel . v. . Irving . No. 85-637 . United" States Supreme Court . May 18, 1987 .      \xC2"... is sufficient injury-in-fact to satisfy the case-or-controversy requirement of Article III of the ...Tiburon , 447 U.S. 255, 260-261 (1980); Kaiser Aetna v. United States , 444 U.S. 164, 174-175 ...2093] Brief for Appellant 24-25. The Due Process Clause of ...

  • 475 U.S. 211 (1986), 84-1555, Connolly v. Pension Benefit Guaranty Corporation

    ... No. 84-1555 . United States Supreme Court . Feb. 26, 1986 . ...Pp. 221-228.         (a) In these cases, the United States under the MPPAA has taken ..., 452 U.S. 264 (1981); Kaiser Aetna v. United States , 444 U.S. 164 (1979); ...1156, 1170, 1291 (1980). See also Brief for National Coordinating Committee for ...

  • 480 U.S. 470 (1987), 85-1092, Keystone Bituminous v. DeBenedictis

    ... v. . DeBenedictis . No. 85-1092 . United States Supreme Court . March 9, 1987 . ...Pennsylvania Coal does not control this case, because the two factors there considered ... -- that have particular significance." Kaiser Aetna v. United States , 444 U.S. 164, 175 (1979) ... See Brief for Plaintiff in Error in Pennsylvania Coal v. ...

  • 620 F.3d 1134 (9th Cir. 2010), 06-35672, Do Sung Uhm v. Humana, Inc.

    .... No. 06-35672. . United States Court of Appeals, Ninth Circuit . August ... de novo the district court's dismissal of a case under Rule 12(b)(6) for failure to state a claim, ... district court's jurisdiction, see Kaiser v. Blue Cross of Cal., 347 F.3d 1107, 1115 (9th ... Id. ; Ardary v. Aetna Health Plans of Cal., Inc., 98 F.3d 496, 498 ..., we note that CMS, in its amicus brief, specifically represents that, " [e]ven if the ...

  • 448 U.S. 371 (1980), 79-639, United States v. Sioux Nation of Indians

    ... Court of Claims to take new evidence in the case. Pursuant to this Act, the Court of Claims ... Commission set down three questions for briefing and determination: (1) What land and rights did ... E.g., Kaiser Aetna v. United States , 444 U.S. 164 (1979); ...

  • 851 F.2d 1404 (Fed. Cir. 1988), 87-1405, Owen v. United States

    ...With him on the brief was Andrew F. Reish.         Maria A. ... with the following opinion, and remand this case for further proceedings not inconsistent ...761, 767, 89 L.Ed. 1101 (1945); see Kaiser Aetna v. United States, 444 U.S. 164, 177, 100 ...

  • 952 F.2d 1364 (Fed. Cir. 1991), 90-5055, Hendler v. United States

    ...With her on the brief were Richard B. Stewart, Asst. Atty. Gen., David ...         This is a takings case. It involves an almost decade-long dispute ...         In Kaiser Aetna v. United States, 444 U.S. 164, 100 S.Ct. ...

  • 302 F.3d 576 (6th Cir. 2002), 00-5983, Caffey v. Unum Life Ins. Co.

    .... No. 00-5983. . United States Court of Appeals, Sixth Circuit . ... .         Rosalyn Caffey (briefed), Morrow, GA, pro se.         John M. ... . Id. We remanded the case" to the district court for further proceedings.  \xC2"... Perez v. Aetna Life Ins. Co., 150 F.3d 550, 556 (6th Cir. ... damage and the payment by the defendant." Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. ...

  • 372 F.3d 193 (3rd Cir. 2004), 02-3620, Skretvedt v. E.I. DuPont De Nemours

    .... No. 02-3620, 02-4283. . United States Court of Appeals, Third Circuit . June ... to the Magistrate Judge an "Opening Brief in Support of Claims for Short Term Disability ... were granted by DuPont's claims agent, Aetna."). Skretvedt did not argue that DuPont in any ...    The motion for reconsideration in this case dealt with the Magistrate Judge's legal ... from the date of the entry of judgment." Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. ...

  • 28 F.3d 1171 (Fed. Cir. 1994), 91-5050, Loveladies Harbor, Inc. v. United States

    ...With him on the brief were Stephen D. Kinnard and Ernest W. ...         This is a regulatory taking case. It arose when the plaintiffs (Loveladies) sought ...Id. at 124, 98 S.Ct. at 2659. Accord Kaiser Aetna v. United States, 444 U.S. 164, 175, 100 ...

  • Nondiscrimination in Health and Health Education Programs or Activities

    ...794) (``Section 504'').\2\ It . further states that ``[t]he enforcement mechanisms provided for ... plan benefits or benefit design, in which case the Final Rule . applied on the first day of the ...filed briefs in support of their renewed motions for summary ...Final] Rule was issued, the United States has returned to its . longstanding ...by the Supreme Court. See, e.g., Baker v. Aetna, 228 F. Supp. 3d 764, . 768-69 (N.D. Texas 2017) ... \194\ John Holahan and Irene Headen, Kaiser Commission on . Medicaid and the Uninsured, ...

  • 791 F.2d 893 (Fed. Cir. 1986), 85-2588, Florida Rock Industries, Inc. v. United States

    ...With him on the brief was F. Henry Habicht, II, Asst. Atty. Gen. ... the irremediable loss of wetland, and in the case of some, to water pollution in the form of ... this case, but in any event, the effect of Kaiser Aetna v. United States, 444 U.S. 164, 100 S.Ct. ...