Gill v. Public Employees Retirement Board of the Public Employees Retirement Ass'n

OPINION

PICKARD, Judge.

{1} This case is a sequel to Cockrell v. Board of Regents of New Mexico State University, 2002-NMSC-009, 132 N.M. 156, 45 P.3d 876. There, the Supreme Court canvassed the authorities leading to Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999), and held that constitutional sovereign immunity required dismissal of the plaintiffs suit to enforce his rights under the federal Fair Labor Standards Act because the New Mexico legislature had not specifically waived such immunity by statute. Cockrell, 2002-NMSC-009, ¶¶4-8, 11, 15, 24, 132 N.M. 156, 45 P.3d…