holding that it would be inconsistent with this Court’s precedent to find that §30(A) creates rights enforceable by private parties
How later courts described this case
- holding that it would be inconsistent with this Court’s precedent to find that §30(A) creates rights enforceable by private parties
- reasoning that there was no private right of action to enforce Section (30)(A) in part because, “unlike [Section] (13)(A), [it] has no rights creating language and identifies no discrete class of beneficiaries” (quotation omitted)
Written by the judges who cited it.
The opinion
United States Court of Appeals
For the First Circuit
No. 03-1895
LONG TERM CARE PHARMACY ALLIANCE,
Plaintiff, Appellee,
v.
CHRISTINE FERGUSON, DIRECTOR,
COMMONWEALTH OF MASSACHUSETTS
DIVISION OF HEALTH CARE FINANCE AND POLICY,
Defendant, Appellant.
ERRATA
The opinion of this Court, issued on March 17, 2004, should be
amended as follows:
On page 18, line 2 from top, replace "mean" with "meet".