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· 8/18/2004

Mercy Catholic Medical Center v. Tommy G. Thompson, Secretary of Health and Human Services

Citations

  • 380 F.3d 142
  • 2004 U.S. App. LEXIS 17230
  • 2004 WL 1842615

How courts have described this case

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

  • holding that control under Fed. R. Civ. P. 34(a) is “the legal right or ability to obtain the documents from another source upon demand”
  • noting that although informal interpretations are not entitled to Chevron deference, formal interpretations, authorized to carry the “force of law,” are properly placed within Chevron’s purview
  • rejecting the Secretary’s interpretation of a regulation as set forth in an interpretive rule because it required the intermediary to apply the regulation in a “one-sided fashion”
  • a reviewing court must ensure that an agency’s ruling is not “inconsistent with applicable regulations”
  • “[W]e may affirm the agency’s decision only on grounds on which the agency actually relied, and not on the basis of alternative rationales or justifications put forward by counsel on appeal.”
  • “In the context of Fed. R. Civ. P. 34(a), so long as the party has the legal right or ability to obtain the documents from another source upon demand, that party is deemed to have control.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Garth, Bright

Read full opinion on CourtListener

Sourced 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.