Matter of Morelli

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the data collection provision was not covered by the preclusion provision, in part, because “Congress set out the process for data collection in a separate and distinct subsection and with its own set of rules”
• permitting a challenge to the agency’s data collection process rule, despite acknowledging that the results of this process were “used to establish” an unreviewable payment rate
• noting that the “reference to reporting private sector data for the establishment of payment amounts suggests that the two are not one and the same, but rather that collecting data from the private sector is a separate statutory duty preceding the establishment of Medicare payment rates”
• treating statutory language that “[t]here shall be no administrative or judicial review” as jurisdictional
• “At the motion to dismiss stage, ‘general factual allegations of injury resulting from the defendant’s conduct may suffice’ to establish standing.” (quoting Lujan, 504 U.S. at 561)

Source: CourtListener parenthetical corpus (CC0).