Legal Opinion

Thomas v. Nakatani

Court of Appeals for the Ninth Circuit

Decided November 6, 2002No. 01-16310PublishedCited by 23 opinions

1Opinion of the Court

WALLACE, Senior Circuit Judge:

Hawaii appeals from the district court’s denial of its motion to dismiss Thomas’ Americans with Disabilities Act (ADA) claims on sovereign immunity grounds. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1332(a)(3) and (4). We have jurisdiction to determine whether or not we have jurisdiction. Matsuk v. INS, 247 F.3d 999, 1000-01 (9th Cir.2001). If we have jurisdiction to reach the merits of this appeal, it will be pursuant to the collateral order doctrine outlined in Puerto Rico Aqueduct & Sewer Authority v. Metcalf & Eddy, Inc., 506 U.S.…

2Cases cited11 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000

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3Cited by23 opinions

  1. Miranda B. v. KitzhaberCourt of Appeals for the Ninth Circuit · 2003
  2. Meredith v. OregonCourt of Appeals for the Ninth Circuit · 2003
  3. Californians for Disability Rights, Inc. v. California Department of TransportationDistrict Court, N.D. California · 2008
  4. Espinal-Dominguez v. Commonwealth of PRCourt of Appeals for the First Circuit · 2003
  5. Mohsin v. California Department of Water ResourcesDistrict Court, E.D. California · 2014

18 more not listed; retrieve them via the Exa API.

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