Legal Opinion
Lavia v. Pennsylvania, Department of Corrections
Court of Appeals for the Third Circuit
Decided August 8, 2000No. 99-3863PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge.
We are called upon to decide whether, in enacting Title I of the Americans with Disabilities Act (“ADA”), Congress abrogated the States’ Eleventh Amendment sovereign immunity from suit pursuant to a valid exercise of its § 5 power to enforce the Fourteenth Amendment.
In Kimel v. Florida Board of Regents, — U.S. -, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000), the Supreme Court recently held that the Age Discrimination in Employment Act (“ADEA”) was not a valid exercise of Congress’ § 5 enforcement power and as such did not validly abrogate the States’ Eleventh…
2Cases cited50 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Dandridge v. WilliamsSupreme Court of the United States · 1970
45 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- David D. Chittister v. Department of Community and Economic Development David Black Larry SegalCourt of Appeals for the Third Circuit · 2000
- Bowers v. National Collegiate Athletic Ass'nDistrict Court, D. New Jersey · 2000
- Kincel v. Commonwealth Department of TransportationCommonwealth Court of Pennsylvania · 2005
- Key v. GraysonDistrict Court, E.D. Michigan · 2001
- Jeffrey D. Lavia v. Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at GreeneCourt of Appeals for the Third Circuit · 2000
8 more not listed; retrieve them via the Exa API.