Legal Opinion

Romco, Ltd. v. Outdoor Aluminum, Inc.

District Court, W.D. Wisconsin

Decided October 20, 1989No. 89-C-469-CPublishedCited by 5 opinions

1Opinion of the Court

ORDER

CRABB, Chief Judge.

This civil diversity action for monetary relief is before the court on the motion of defendant Board of Regents of the University of Wisconsin System to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1).

Defendant Board of Regents’ motion is grounded on the contention that it is an arm of the state and therefore entitled to share in the state’s Eleventh Amendment immunity. Plaintiff disagrees and argues that even if the board is an arm of the state for Eleventh Amendment purposes, the board waived its immunity and impliedly consented to…

2Cases cited15 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  5. Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945

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3Cited by5 opinions

  1. Michael Joseph v. Board of Regents of the University of Wisconsin SystemCourt of Appeals for the Seventh Circuit · 2005
  2. Boehner v. HeiseDistrict Court, S.D. New York · 2006
  3. 67 Fair empl.prac.cas. (Bna) 521, 66 Empl. Prac. Dec. P 43,502 Steve Stoner v. Wisconsin Department of Agriculture, Trade and Consumer Protection, Elizabeth Kohl and Steve SteinhoffCourt of Appeals for the Seventh Circuit · 1995
  4. Stoner v. Wisconsin Department of Agriculture, Trade & Consumer ProtectionCourt of Appeals for the Seventh Circuit · 1995
  5. Joseph, Michael v. Bd Regents Univ WICourt of Appeals for the Seventh Circuit · 2005

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