· 12/2/2010
Association of American Physicians & Surgeons, Inc. v. Texas Medical Board
Citations
- 627 F.3d 547
- 2010 U.S. App. LEXIS 24645
- 2010 WL 4909611
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that an association of doctors had standing to seek injunctive relief against a board of medical examiners for retaliatory conduct
- holding that where proof of “misdeeds could establish a pattern” with “evidence from a small but significant sample of [association members],” a constitutional violation could be established and equitable relief granted
- concluding individual participation not necessary in suit for declaratory and injunctive relief for alleged constitutional violations including medical board’s use of anonymous complaints and retaliatory actions against physicians
- accepting material allegations in the complaint as true when subject matter jurisdiction was challenged on the basis of the pleadings
- accepting material allegations in the complaint as true when subject-matter jurisdiction was challenged on the face of the pleadings
- explaining that the germaneness requirement is an “undemanding” standard
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Reavley, Haynes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.