Legal Opinion
Neo Gen Screening, Inc. v. New England Newborn Screening Program
Court of Appeals for the First Circuit
Decided July 26, 1999No. 99-1100PublishedCited by 28 opinions
1Opinion of the Court
BOUDIN, Circuit Judge.
The present appeal arises out of a federal antitrust case dismissed by the district court on the ground that it was barred by the Eleventh Amendment. We assume to be true, for purposes of this appeal, the facts as alleged in the complaint. Duckworth v. Pratt & Whitney, Inc., 152 F.3d 1, 3 (1st Cir.1998). However, the district court also considered, as do we, uncontro-verted facts furnished by affidavit pertaining to the status of the defendants under the Eleventh Amendment.
The plaintiff-appellant in this case is Neo Gen Screening, Inc., a private, for-profit Pennsylvania…
2Cases cited25 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
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3Cited by28 opinions
- Toledo v. Sanchez-RiveraCourt of Appeals for the First Circuit · 2006
- Fresenius Medical Care Cardiovascular Resources, Inc. v. Puerto Rico & the Caribbean Cardiovascular Center Corp.Court of Appeals for the First Circuit · 2003
- Rhode Island Department of Environmental Management v. United StatesCourt of Appeals for the First Circuit · 2002
- Massachusetts Food Ass'n v. Massachusetts Alcoholic Beverages Control CommissionCourt of Appeals for the First Circuit · 1999
- Kiman v. New Hampshire Department of CorrectionsCourt of Appeals for the First Circuit · 2002
23 more not listed; retrieve them via the Exa API.