Fresenius Medical Care Cardiovascular Resources, Inc. v. Puerto Rico & the Caribbean Cardiovascular Center Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the arm-of-the-state inquiry depends on a multi-factor test beginning with the way the state structures an entity and does not rely exclusively on whether damages against the entity would be paid from the state treasury
• holding that the arm-of-the-state inquiry depends on a multi-factor test beginning with the way the state structures an entity and does not rely exclusively on whether damages against the entity would be paid from the state treasury
• noting that the Commonwealth’s veto power over the decisions of a board is a “key element of control”
• noting that the statutory language declaring that the Commonwealth is responsible for an agency’s debts suggests that it is an arm of the state
• finding that whether a public entity is entitled to Eleventh Amendment immunity is an inquiry into whether it is an arm of the state
• hypothesizing that entity might gain advantage in employment market if it is not an arm of the state and subject to state regulations and systems on hiring and firing of employees and benefits

Source: CourtListener parenthetical corpus (CC0).