Legal Opinion
Patricia G. Stroud v. Phillip McIntosh
Court of Appeals for the Eleventh Circuit
Decided July 23, 2013No. 12-10436PublishedCited by 59 opinions
1Opinion of the Court
COX, Circuit Judge:
The principal issues we address in this appeal are (1) whether removal of this case to a federal court waived the state agency’s sovereign immunity from suit in a federal court, and (2) whether removal of the case waived the agency’s sovereign immunity from liability on a claim under the federal Age Discrimination in Employment Act. We conclude that removal waived the agency’s immunity from suit in a federal forum but did not waive the agency’s immunity from liability on this federal claim. We affirm.
I. FACTS AND PROCEDURAL HISTORY
This case began in a circuit court in…
2Cases cited26 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
- Alden v. MaineSupreme Court of the United States · 1999
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
21 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Walter Melton v. David AbstonCourt of Appeals for the Eleventh Circuit · 2016
- Trant v. Medicolegal InvestigationsCourt of Appeals for the Tenth Circuit · 2014
- Beaulieu v. State of VermontCourt of Appeals for the Second Circuit · 2015
- Louis Taylor v. County of PimaCourt of Appeals for the Ninth Circuit · 2019
- Michael Weaver v. Madison City Board of EducationCourt of Appeals for the Eleventh Circuit · 2014
54 more not listed; retrieve them via the Exa API.