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

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