Legal Opinion
Nicholas v. Attorney General
Utah Supreme Court
Decided August 14, 2007No. 20060297PublishedCited by 12 opinions
1Opinion of the Court
WILKINS, Associate Chief Justice:
T1 Lynn Nicholas appeals the decision of the district court, which granted the State's motion to dismiss her complaint against her former employer, the Attorney General of the State of Utah. The question presented on appeal is whether Congress validly abrogated state sovereign immunity when it passed the self-care provision of the Family Medical Leave Act ("FMLA") such that the State of Utah can be sued for money damages by an employee for violations of the Act. We conclude that the self-care provision of the FMLA is not a valid abrogation of state immunity.…
2Cases cited6 opinions
- Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
- Nevada Department of Human Resources v. HibbsSupreme Court of the United States · 2003
- Brockman v. Wyoming Department of Family ServicesCourt of Appeals for the Tenth Circuit · 2003
- George S. Toeller v. Wisconsin Department of CorrectionsCourt of Appeals for the Seventh Circuit · 2006
- Mary Touvell v. Ohio Department of Mental Retardation and Developmental DisabilitiesCourt of Appeals for the Sixth Circuit · 2005
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3Cited by12 opinions
- University of Texas at El Paso v. HerreraTexas Supreme Court · 2010
- McKlintic v. 36th Judicial Circuit CourtCourt of Appeals for the Eighth Circuit · 2007
- Wilson v. EXECUTIVE OFFICE OF HEALTH AND HUMANDistrict Court, D. Massachusetts · 2009
- Larry McKlintic v. 36th JudicialCourt of Appeals for the Eighth Circuit · 2007
- McKlintic v. 36th Judicial Circuit CourtCourt of Appeals for the Eighth Circuit · 2007
7 more not listed; retrieve them via the Exa API.