Erringer v. Thompson’s Empirical Analysis
371 F.3d 625 · 2004
Citation profile
10 federal appellate · 3 district ·
How this case has been cited
Cited by 22 later decisions (1 by the Supreme Court) — most recently September 2024
10 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 15 U.S.C. § 78N (§ 14 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1291 · 42 U.S.C. § 1395 (§ 1801 of the Social Security Act of 1935) · 42 U.S.C. § 1395F (§ 1814 of the Social Security Act of 1935) · 42 U.S.C. § 1395H (§ 1816 of the Social Security Act of 1935) · 42 U.S.C. § 1395Y (§ 1862 of the Social Security Act of 1935) · 5 U.S.C. § 553 (Administrative Procedure Act of 1946)
Relies on Shalala v. Guernsey Memorial Hospital · American Hospital Ass'n v. Bowen · American Mining Congress v. Mine Safety & Health Administration · Ellison v. Robertson · United Technologies Corp. v. U.S. Environmental Protection Agency
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) when, in the absence of the rule, there would not be an adequate legislative basis for enforcement action; (2) when the agency has explicitly invoked its general legislative authority; or (3) when the rule effectively amends a prior legislative rule.”
3 later decisions quote this exact passage · from the majority“No rule, requirement, or other statement of policy ... that establishes or changes a substantive legal standard governing ... payment for services ... shall take effect unless it is promulgated by the Secretary by regulation ....”
1 later decision quote this exact passage · from the majority“Th[e] requirement is designed to give interested persons, through written submissions and oral presentations, an opportunity to participate in the rulemaking process.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.