Legal Opinion
Mercy Hospital of Watertown v. New York State Department of Social Services
District Court, N.D. New York
Decided July 27, 1994No. 93-CV-1585PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
CHOLAKIS, District Judge.
Mercy Hospital of Watertown (Mercy) appeals from the Bankruptcy Court’s (Judge Gerling) dismissal of its adversary proceeding against the New York State Department of Social Services (DSS). Mercy presents two issues on appeal: (1) Whether DSS’s recoupment of pre-petition overpayment of Medicaid funds,- through the reduction of post-petition payments, constitutes a claim by the state for the purposes of waiving sovereign immunity pursuant to 11 U.S.C. § 106(a); and (2) if subject matter jurisdiction arises under a waiver of sovereign…
2Cases cited27 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Hans v. LouisianaSupreme Court of the United States · 1890
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Dellmuth v. MuthSupreme Court of the United States · 1989
- Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In RE McMAHONCourt of Appeals for the Second Circuit · 1997
- Aetna Life Insurance v. Bram (In Re Bram)United States Bankruptcy Court, E.D. Texas · 1995
- In Re Lawrence United Corp.United States Bankruptcy Court, N.D. New York · 1998
- In Re Sun Healthcare Group, Inc.United States Bankruptcy Court, D. Delaware · 2000
9 more not listed; retrieve them via the Exa API.