Legal Opinion

North East Medical Services, Inc. v. California Department of Health Care Services, Health & Human Services Agency

Court of Appeals for the Ninth Circuit

Decided April 4, 2013No. 11-16795, 11-16796PublishedCited by 17 opinions

1Opinion of the Court

OPINION

N.R. SMITH, Circuit Judge:

Where North East Medical Services, Inc. (“NEMS”) and La Clínica de la Raza, Inc. (“La Clínica,” and, together with NEMS, the “Centers”) 1 have already paid money to the California Department of Health Care Services (“California”), they may not avoid the Eleventh Amendment’s general bar to seeking money damages from a state simply by alleging that Cali fornia was not entitled to the payments. The Centers’ claims must fall within a recognized Eleventh Amendment exception. See Edelman v. Jordan, 415 U.S. 651, 667-69, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Ford…

2Cases cited27 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  4. Quern v. JordanSupreme Court of the United States · 1979
  5. Hans v. LouisianaSupreme Court of the United States · 1890

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3Cited by17 opinions

  1. Fontenot v. McCrawCourt of Appeals for the Fifth Circuit · 2015
  2. Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. CaliforniaCourt of Appeals for the Ninth Circuit · 2015
  3. Sunshine Haven Nursing Operations, LLC v. United States Department of Health & Human Services, Centers for Medicare & Medicaid ServicesCourt of Appeals for the Tenth Circuit · 2014
  4. Mickey Fowler v. Tracy GuerinCourt of Appeals for the Ninth Circuit · 2019
  5. Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. CaliforniaCourt of Appeals for the Ninth Circuit · 2015

12 more not listed; retrieve them via the Exa API.

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