Garelick v. Sullivan’s Empirical Analysis
987 F.2d 913 · 1993
Citation profile
6 federal appellate · 8 district · 10 state decisions
How this case has been cited
Cited by 50 later decisions (1 by the Supreme Court) — most recently August 2025 · most notably 8 Cal. 4th 216 - 20th Century Insurance v. Garamendi (1994), Cohen v. JP Morgan Chase & Co. (2007)
6 federal appellate · 8 district · 10 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
Relies on Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Allen v. Wright · Simon v. Eastern Kentucky Welfare Rights Organization · Penn Central Transportation Co. v. New York City · Pennsylvania Coal Co. v. Mahon
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here a service provider voluntarily participates in a price-regulated program or activity, there is no legal compulsion to provide service and thus there can be no taking.”
6 later decisions quote this exact passage · from the majority“It is well established that the Takings Clause of the Fifth Amendment applies to so-called `regulatory takings[]'”
2 later decisions quote this exact passage · from the majority“Medicare is the federal medical insurance program for disabled persons and those 65 and older. See 42 U.S.C. § 1395 , et seq. The Medicare program is composed of two parts, A and B. Part A provides insurance for the cost of hospitalization and related services, and is funded out of Social Security taxes. See id, at §§ 1395c-1395i-4. Part B, the exclusive focus of [the court here,] is a voluntary program that provides Medicare beneficiaries with supplemental benefits. See id. at §§ 1395j-1395w-4. Part B beneficiaries pay monthly premiums that, along with federal government contributions, are remitted to the Federal Supplementary Medical Insurance Trust Fund. See id. at § 1395t. The Department of Health and .Human Services has responsibility for administering the prograih, and contracts with private insurance carriers who evaluate and pay Part B claims out of the Trust Fund. See id. at § 1395u. If the carrier finds that a claim is reimbursable, Medicare pays 80% of the Medicare-defined allowed or “reasonable” charge for the claim. See id. at § 13951(a)(1); " see also 42 C.F.R. § 405.501 , et seq. The beneficiary is responsible for a “copayment” of the remaining 20% of the allowed charge. Part B provides physicians with two payment options. They Can choose to “accept assignment,” which means that they [get permission from their patients to] bill Medicare directly for their services and [agree to] accept the allowed charge as full payment, receiving 80% from Medicare and 20% from”
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.