Legal Opinion

Kahn v. Virginia Retirement System

District Court, E.D. Virginia

Decided January 23, 1992No. 91-551PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

This matter is before the Court on a Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted, in which all the Defendants have joined. In addition, the Commonwealth Defendants (Virginia Retirement System and System Holdings, Inc.) have filed a Motion to Dismiss based on the sovereign immunity granted by the Eleventh Amendment. For the reasons discussed below, the Defendants’ Rule 12(b)(6) motion is granted, and the Commonwealth Defendants’ motion is denied.

FACTUAL BACKGROUND

This…

2Cases cited14 opinions

  1. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. Fitzpatrick v. BitzerSupreme Court of the United States · 1976
  4. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
  5. Securities and Exchange Commission v. Carter Hawley Hale Stores, Inc.Court of Appeals for the Ninth Circuit · 1985

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3Cited by11 opinions

  1. In Re Baker & Getty Financial Services, Inc.Court of Appeals for the Sixth Circuit · 1992
  2. Joseph Lerro and John Duty v. The Quaker Oats Company, Snapple Beverage Corporation, and Thomas H. LeeCourt of Appeals for the Seventh Circuit · 1996
  3. In Re Digital Island Securities LitigationDistrict Court, D. Delaware · 2002
  4. In The Matter Of T.B. Westex Foods, Inc.Court of Appeals for the Fifth Circuit · 1992
  5. Clearfield Bank & Trust Co. v. Omega Financial Corp.District Court, W.D. Pennsylvania · 1999

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