Blake v. Kline

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal primarily raises the complex issue of whether the Public School Employees’ Retirement Board of Pennsylvania is an alter ego of the state so as to preclude the exercise of federal subject matter jurisdiction under the eleventh amendment, the diversity statute, and principles of state sovereign immunity. Because we conclude the record is deficient, we vacate the judgment of the district court and remand.

I

Plaintiff Margaret Anne Blake, a minor, (“Margaret”) by James Blake, her guardian, both New Jersey residents, initiated this diversity…