Legal Opinion

Wilson v. EXECUTIVE OFFICE OF HEALTH AND HUMAN

District Court, D. Massachusetts

Decided April 1, 2009No. Civil Action 08-30214-KPNPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT’S MOTION TO DISMISS (Document No. 7)

NEIMAN, United States Magistrate Judge.

Duane Wilson (“Plaintiff’) brings this action against his employer, Massachusetts’ Executive Office of Health and Human Services (“Defendant”), with regard to alleged violations of the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq. Defendant, raising an interesting question of law — whether Congress’s enactment of the “self-care” leave provision of the FMLA validly abrogated the Eleventh Amendment immunity of the states and their divisions from private damages…

2Cases cited27 opinions

  1. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  2. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  3. City of Boerne v. FloresSupreme Court of the United States · 1997
  4. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
  5. Nevada Department of Human Resources v. HibbsSupreme Court of the United States · 2003

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

3Cited by3 opinions

  1. Collazo-Rosado v. University of Puerto RicoDistrict Court, D. Puerto Rico · 2011
  2. Mason v. Massachusetts Department of Environmental ProtectionDistrict Court, D. Massachusetts · 2011
  3. Kunz v. Mass HealthDistrict Court, D. Massachusetts · 2021

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API