Marley Co. v. Boston Old Colony Insurance

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Before this Court is the motion of the State Insurance Fund (the “SIF”) to dismiss the third-party action for lack of subject matter jurisdiction on the ground that it is barred by the Eleventh Amendment of the United States Constitution. The SIF argues that the Eleventh Amendment bars the action against it, as it is an “alter ego” of the State and has not waived its Elev*154enth Amendment immunity. Alternatively, the SIF contends that the doctrine of sovereign immunity also bars this action in federal court. The third-party plaintiff and plaintiff…