# Long Term Care v. Ferguson

> Court of Appeals for the First Circuit · May 13, 2004 · 362 F.3d 50

URL: https://www.frixlaw.com/law-library/cases/201007

## Case

- **Court:** Court of Appeals for the First Circuit
- **Decided:** May 13, 2004
- **Citations:** 362 F.3d 50
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/201007

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

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".

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/201007. Public record. Not legal advice.