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Medical Dev. Int'l. v. Cal. Dept. of Corr., No. 08-15759

By FindLaw Staff on October 30, 2009 | Last updated on March 21, 2019

In an action to recover payment for medical care provided to prisoners, the removal of the action to the district court is affirmed where the suit was against a federally-appointed receiver and the district court thus had clear jurisdiction over the matter.  However, the order dismissing the action is vacated where: 1) plaintiff was not required to obtain permission from the district court to sue defendant-receiver because the action fit within the statutory exception to the general rule requiring an appointing court's permission before suing a receiver in another jurisdiction; and 2) the receiver was not absolutely immune from suit.

Read Medical Dev. Int'l. v. Cal. Dept. of Corr., No. 08-15759

Appellate Information

Argued and Submitted July 16, 2009

Filed October 30, 2009

Judges

Opinion by Judge Clifton

Counsel

For Appellant:

Bennett J. Lee and Garrett E. Dillon, Watt, Tieder, Hoffar & Fitzgerald, LLP, San Francisco, CA

For Appellee:

Michelle M. Mitchell, Deputy Attorney General, Sacramento, CA

Martin H. Dodd, Futterman & Dupree LLP, San Francisco, CA

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