Legal Opinion
Saint Joseph's Hospital v. Department of Public Welfare of Pennsylvania (In Re Saint Joseph's Hospital)
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 21, 1989No. 14-16289PublishedCited by 17 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION.
This complex adversary proceeding challenges three aspects of the determinations of the Medicaid reimbursement due to Debtor-hospital by the applicable state agency in Funding Year (hereinafter “FY”) 1987 and FY 1988 in five separate Counts. Presently before us in this proceeding are (1) The Debtor’s motion for partial summary judgment as to three of the Counts; and (2) the Defendants’ motion to dismiss, based upon the Eleventh Amendment.
We conclude that the motion to dismiss must be denied because the Commonwealth has abrogated its…
2Cases cited60 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Warth v. SeldinSupreme Court of the United States · 1975
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Edelman v. JordanSupreme Court of the United States · 1974
55 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Price v. United States (In Re Price)District Court, N.D. Illinois · 1991
- Colon v. Hart (In Re Colon)United States Bankruptcy Court, E.D. Pennsylvania · 1990
- Sacred Heart Hospital v. Pennsylvania, Department of Public Welfare (In Re Sacred Heart Hospital)District Court, E.D. Pennsylvania · 1997
- Sacred Heart Hospital v. Commonwealth Department of Welfare (In Re Sacred Heart Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1996
- James v. Draper (In Re James)United States Bankruptcy Court, E.D. Pennsylvania · 1990
12 more not listed; retrieve them via the Exa API.