West Allis Memorial Hospital, Inc. v. Bowen’s Empirical Analysis
852 F.2d 251 · 1988
Citation profile
19 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 59 later decisions — most recently July 2022 · most notably Retired Chicago Police Association Carepac v. City of Chicago M, Grossbaum v. Indianapolis-Marion County Building Authority (1996)
19 federal appellate · 6 district · 2 state decisions
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. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 2 (§ 2 of the Sherman Antitrust Act) · 15 U.S.C. § 26 (§ 16 of the Clayton Antitrust Act of 1914) · 42 U.S.C. § 1320A (§ 1121 of the Social Security Act of 1935) · 42 U.S.C. § 1320A (§ 1128b of the Social Security Act of 1935) · 42 U.S.C. § 1395C (§ 1811 of the Social Security Act of 1935) · 42 U.S.C. § 1395J (§ 1831 of the Social Security Act of 1935) · 42 U.S.C. § 1395K (§ 1832 of the Social Security Act of 1935)
Relies on United Mine Workers of America v. Gibbs · Cort v. Ash · Massachusetts Mutual Life Insurance v. Russell · Bender v. Williamsport Area School District · Juidice v. Vail
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) It has no adequate remedy at law; (2) It will suffer irreparable harm if the preliminary injunction is not issued; (3) The irreparable harm it will suffer outweighs the irreparable harm the defendant will suffer if the injunction is granted; (4) It has a reasonable likelihood of prevailing on the merits; and (5) The injunction will not harm the public interest.”
5 later decisions quote this exact passage“A strong presumption exists against the creation of such implied rights of action.”
3 later decisions quote this exact passage“As used in [42 U.S.C. § 1320a-7b(b)(l) ], “remuneration” does not include any payment made by a principal to an agent as compensation for the services of the agent, as long as the following six standards are met: (5) The aggregate compensation paid to the agent over the term of the agreement is set in advance, is consistent with fair market value in arms-Iength transactions and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare____”
1 later decision quote this exact passage
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.