Legal Opinion

Consumers Union of U.S., Inc. v. State

New York Court of Appeals

Decided June 20, 2005PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

The issue in these appeals is whether plaintiffs have stated a viable cause of action to challenge the legislation authorizing the conversion of defendant Empire HealthChoice, Inc., doing business as Empire Blue Cross and Blue Shield (Empire) from a not-for-profit to a for-profit corporation, and directing that certain of Empire’s assets be used for various public health and charitable purposes. For the reasons that follow, we conclude that plaintiffs’ allegations are legally insufficient to support any cognizable cause of action.

*338I.

Empire’s Origins and Evolution

Empi…

2Cases cited29 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by45 opinions

  1. Jaffer v. HirjiCourt of Appeals for the Second Circuit · 2018
  2. AmBase Corp. v. Davis Polk & WardwellNew York Court of Appeals · 2007
  3. City of Olympia v. DrebickWashington Supreme Court · 2006
  4. Greater New York Taxi Ass'n v. StateNew York Court of Appeals · 2013
  5. Held v. State of New York Workers' Compensation BoardAppellate Division of the Supreme Court of the State of New York · 2011

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