Legal Opinion
McGregor v. Goord
District Court, N.D. New York
Decided August 17, 1998No. 97-CV-0816PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM, DECISION & ORDER
MCAVOY, Chief Judge.
Plaintiff David McGregor brings this action under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seg., alleging defendants violated his rights to leave thereunder. Defendants now move to dismiss the Complaint, pursuant to Fed.R.Civ.P. 12(b)(1), for lack of subject matter jurisdiction. Defendants argue they are immune from suit under the Eleventh Amendment to the United States Constitution.
I. BACKGROUND
A. Facts
Defendants do not dispute plaintiffs allegations for the purposes of the motion. Plaintiff was employed by the New York…
2Cases cited34 opinions
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Ex Parte YoungSupreme Court of the United States · 1908
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Edelman v. JordanSupreme Court of the United States · 1974
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3Cited by17 opinions
- Monroe Hale v. Louis Mann, Deputy Commissioner, Sued in His Individual Capacity and the State of New York Office of Children and Family ServicesCourt of Appeals for the Second Circuit · 2000
- William Hibbs, United States of America, Intervenor v. Department of Human Resources Charlotte Crawford Nikki FirpoCourt of Appeals for the Ninth Circuit · 2001
- Kilvitis v. County of LuzerneDistrict Court, M.D. Pennsylvania · 1999
- Schall v. Wichita State UniversitySupreme Court of Kansas · 2000
- Kilcullen v. New York State Department of TransportationDistrict Court, N.D. New York · 1999
12 more not listed; retrieve them via the Exa API.