United States Third Circuit

Where a plaintiff seeks to enjoin a state administrative action, which concerns only the state's regulation of its physicians' licensing and behavior, and alleges that such an action is preempted by an Act of Congress, he raises a Constitutional challenge to the state action under the Supremacy Clause, and abstention is appropriate.

Appellate Information

• Decided 02/26/2002
• Published 02/26/2002

Judges

• Before SCIRICA, ROSENN, Circuit Judges, and KANE, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert J. Conroy,Kern, Augustine, Conroy & Schoppmann, Bridgewater, NJ, Counsel for Appellant.


• For Appellees:
  
• Jeffrey Burstein, Office of Attorney General of New Jersey, Division of Law, Newark, NJ, Counsel for Appellees.