Legal Opinion
Sacred Heart Hospital v. Pennsylvania, Department of Public Welfare (In Re Sacred Heart Hospital)
District Court, E.D. Pennsylvania
Decided January 17, 1997No. Civil Action 96-6172, 96-6286PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DITTER, District Judge.
There are two questions in this case: (1) Does the Bankruptcy Clause of the Constitution give Congress the authority to abrogate the states’ sovereign immunity granted by the Eleventh Amendment? and (2) Does a claim by a state agency against a bankruptcy estate waive the state’s right to Eleventh Amendment immunity as to an unrelated claim made by the bankruptcy estate against another state agency? I answer no to both questions.
This matter is on appeal from two orders of the United States Bankruptcy Court for the Eastern District of Pennsylvania. The…
2Cases cited41 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
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3Cited by17 opinions
- In Re: Kaiser Group International Inc., Debtor International Finance Corporation v. Kaiser Group International Inc., Frank J. Perch, Iii, TrusteeCourt of Appeals for the Third Circuit · 2005
- In the Matter of Estate of Julian E. Fernandez, Debtor, Department of Transportation and Development, State of Louisiana v. Pnl Asset Management Company LLC Jean O. Turner, in the Matter Of: Julian E. Fernandez, Debtor, State of Louisiana, Department of Transportation and Development v. Jean O. Turner, Trustee Pnl Asset Management CompanyCourt of Appeals for the Fifth Circuit · 1997
- In re NVR L.P.United States Bankruptcy Court, E.D. Virginia · 1997
- Kish v. Verniero (In Re Kish)District Court, D. New Jersey · 1997
- Wyoming Department of Transportation v. Straight (In Re Straight)District Court, D. Wyoming · 1997
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