Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct and Sewer Authority
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The confirmed change to the test is listed below; the later court said Metcalf & Eddy's rule about risk to the public treasury remains valid.
36 later cases cite Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct and Sewer Authority; 36 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Metcalf & Eddy, Inc. v. Puerto Rico Aqueduct and Sewer Authority?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The First Circuit refined Metcalf & Eddy's arm-of-state test into an inquiry that first examines whether the state structured the entity to share its sovereignty, then makes risk to the public treasury decisive if the structural factors conflict.
Fresenius Medical Care Cardiovascular Resources, Inc. v. Puerto Rico & the Caribbean Cardiovascular Center Corp. · First Circuit · filed
we think the Hess analysis governs and has refined the Metcalf & Eddy analysis
Read the full opinion on CourtListener →
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