Legal Opinion
Grammer v. John J. Kane Regional Centers-Glen Hazel
Court of Appeals for the Third Circuit
Decided June 30, 2009No. 07-2358PublishedCited by 74 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
We are asked in this appeal to determine whether an action will lie under 42 U.S.C. § 1983 to challenge the treatment Appellant’s decedent received (or did not receive) at the Appellee nursing home— treatment Appellant argues violated the Federal Nursing Home Reform Amendments (FNRA), 42 U.S.C. § 1396r et seq. We answer that question in the affirmative and will reverse and remand the cause to the District Court.
In so holding, we conclude that the language of the FNHRA is sufficiently rights-creating and that the rights conferred by its various…
2Cases cited23 opinions
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Gonzaga University v. DoeSupreme Court of the United States · 2002
- Alexander v. SandovalSupreme Court of the United States · 2001
- Maine v. ThiboutotSupreme Court of the United States · 1980
18 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Cooper v. Samsung Electronics America, Inc.Court of Appeals for the Third Circuit · 2010
- Ernesto Galarza v. Mark SzalczykCourt of Appeals for the Third Circuit · 2014
- Planned Parenthood of AR, etc. v. Cindy GillespieCourt of Appeals for the Eighth Circuit · 2017
- Kerchner v. ObamaCourt of Appeals for the Third Circuit · 2010
- Medevac MidAtlantic, LLC v. Keystone Mercy Health PlanDistrict Court, E.D. Pennsylvania · 2011
69 more not listed; retrieve them via the Exa API.