HOSPITAL ASS'N OF NEW YORK STATE, INC. v. TOIA

Nos. 526, 527, Docket Nos. 77-6152, 77-6174.

577 F.2d 790 (1978)

HOSPITAL ASSOCIATION OF NEW YORK STATE, INC., Misericordia Hospital Medical Center, Buffalo General Hospital, the Genesee Hospital, and the Mount Sinai Hospital on behalf of themselves and all other nonprofit hospitals which are members of the Hospital Association of New York State, Inc., and which are reimbursed for Medicaid Services rendered to hospital patients, Plaintiffs-Appellants, v. Philip L. TOIA, as Commissioner of Social Services of the State of New York, Robert P. Whalen, as Commissioner of Health of the State of New York, Peter Goldmark, as Director of the Budget of the State of New York, Hugh L. Carey, as Governor of the State of New York, Defendants-Appellees, and F. David Mathews, as Secretary of the United States Department of Health, Education and Welfare, Defendant.

United States Court of Appeals, Second Circuit.

Decided April 27, 1978.


Attorney(s) appearing for the Case

Jacob Imberman, New York City (Robert M. Kaufman, Alexander Gigante, David Rabinowitz, Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for plaintiffs-appellants.

Charles A. Miller, Sp. Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Patricia A. Barald, Mark I. Levy, Sp. Asst. Attys. Gen., Covington & Burling, Robert N. Sayler, Washington, D. C., of counsel), for State defendants-appellees.

Before MANSFIELD and VAN GRAAFEILAND, Circuit Judges, and DOOLING, District Judge.


MANSFIELD, Circuit Judge:

The principal issue raised by these consolidated appeals is whether Congress' retroactive repeal of legislation requiring a state to waive its Eleventh Amendment immunity and to consent to suit against it in order to receive funds under the Medicaid Act nullifies a consent to suit already given by the State of New York, and entitles it to assert its immunity in pending litigation based on the consent. We hold that the legislation has a retroactive...

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