Legal Opinion

Kozera v. Spirito

Court of Appeals for the First Circuit

Decided December 16, 1983No. Nos. 83-1250, 83-1251PublishedCited by 40 opinions

1Opinion of the Court

COFFIN, Circuit Judge.

This case presents the question whether the federal district court properly dismissed, on grounds of sovereign immunity, a third-party complaint filed by the Massachusetts Department of Public Welfare and its Commissioner (“Commissioner”) against the Secretary of Health and Human Services (“Secretary”).

This litigation traces its genesis to a 1981 amendment to a portion of the Social Security Act, 42 U.S.C. § 602(a)(31), which requires states, when determining eligibility for benefits under the Aid to Families with Dependent Children (AFDC) program, to take into account…

2Cases cited51 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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

3Cited by40 opinions

  1. Muirhead v. MechamCourt of Appeals for the First Circuit · 2005
  2. Aquamar S.A. v. Del Monte Fresh Produce N.A., Inc.Court of Appeals for the Eleventh Circuit · 1999
  3. American Policyholders Insurance Company v. Nyacol Products, Inc.Court of Appeals for the First Circuit · 1993
  4. Gladys Allen and J. Patrick Craddock v. Robert FergusonCourt of Appeals for the Seventh Circuit · 1986
  5. Wilbur Crane Eveland, III v. Director of Central Intelligence AgencyCourt of Appeals for the First Circuit · 1988

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

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