FRESENIUS MEDICAL v. PUERTO RICO CARDIOVASCULAR

No. 02-1763.

322 F.3d 56 (2003)

FRESENIUS MEDICAL CARE CARDIOVASCULAR RESOURCES, INC., Plaintiff, Appellee, v. PUERTO RICO AND THE CARIBBEAN CARDIOVASCULAR CENTER CORP., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 6, 2003.

Rehearing and Suggestion for Rehearing Denied April 25, 2003.


Attorney(s) appearing for the Case

Manuel R. Suarez Jiménez for appellant.

Robert P. Mallory, with whom Jennifer J. Waldner, McDermott, Will & Emery, Néstor M. Méndez Gómez, Oreste R. Ramos, and Pietrantoni Méndez & Alvarez LLP were on brief for appellee.

Before LYNCH, Circuit Judge, and COFFIN and CAMPBELL, Senior Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied April 25, 2003.

LYNCH, Circuit Judge.

This case raises the issue of whether the defendant public corporation is an arm of the Commonwealth of Puerto Rico and so entitled to assert immunity under the Eleventh Amendment. It causes us to reshape this circuit's arm-of-the-state test in light of intervening Supreme Court precedent.

Our analysis under the reshaped test leads us to affirm the district...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases