Legal Opinion
Fresenius Medical Care Cardiovascular Resources, Inc. v. Puerto Rico & the Caribbean Cardiovascular Center Corp.
Court of Appeals for the First Circuit
Decided April 24, 2003No. 02-1763PublishedCited by 122 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This case raises the issue of whether the defendant public corporation is an arm of the Commonwealth of Puerto Rico and so entitled to assert immunity under the Eleventh Amendment. It causes us to reshape this circuit’s arm-of-the-state test in light of intervening Supreme Court precedent.
Our analysis under the reshaped test leads us to affirm the district court’s conclusion that the defendant, Puerto Rico and the Carribean Cardiovascular- Center Corp. (PRCCCC), is not an arm of the Commonwealth and so is not entitled to immunity. We also uphold the district court’s…
2Cases cited42 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Ex Parte YoungSupreme Court of the United States · 1908
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Edelman v. JordanSupreme Court of the United States · 1974
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
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3Cited by122 opinions
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