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· 2/4/2005

United States v. Lahey Clinic Hospital, Inc.

Citations

  • 399 F.3d 1
  • 2005 U.S. App. LEXIS 1828
  • 2005 WL 268048

How courts have described this case

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

  • holding that “[t]he Fifth Amendment prohibits the federal 11 government from depriving persons of due process, while the Fourteenth Amendment explicitly 12 prohibits deprivations without due process by the several States.”
  • holding that “[t]he Fifth Amendment prohibits the federal 10 government from depriving persons of due process, while the Fourteenth Amendment explicitly 11 prohibits deprivations without due process by the several States.”
  • noting that the “[f]ailure to exhaust administrative remedies and ripeness challenges may be appropriate in a motion to dismiss for lack of subject matter jurisdiction”
  • noting that implied repeal of a federal statute may be shown if, “by clear and manifest intent,” a later act “covers the whole subject matter area and was meant as a substitute”
  • explaining that the primary jurisdiction doctrine \does not implicate the subject matter jurisdiction of the federal court\ (quoting P.R. Mar. Shipping Auth. v. Fed. Mar. Comm'n, 75 F.3d 63, 67 (1st Cir. 1996))
  • noting “government’s right to sue” to “recover monies wrongly paid from the Treasury, even absent any express statutory authorization”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Lipez, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.