Legal Opinion
Magnolia Venture Capital Corporation v. Prudential Securities, Inc., Mississippi Department of Economic and Community Development
Court of Appeals for the Fifth Circuit
Decided August 28, 1998No. 97-60835PublishedCited by 26 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
In this appeal we are asked to consider whether the Eleventh Anendment bars this suit. The district court ruled that the Mississippi Department of Economic and Community Development (“MDECD”) had waived its Eleventh Amendment immunity, and therefore denied MDECD’s Motion to Dismiss. For reasons set forth below, we reverse and remand this case to the district court.
I
In 1994, the Mississippi Legislature enacted the Venture Capital Act of 1994 (“the Act”), codified at Miss.Code Ann. §§ 57-77-1 to 57-77-39. The legislature passed the Act to provide capital to new…
2Cases cited20 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
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- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Port Authority Trans-Hudson Corp. v. FeeneySupreme Court of the United States · 1990
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3Cited by26 opinions
- Daniel M. Perez v. Region 20 Education Service CenterCourt of Appeals for the Fifth Circuit · 2002
- Martinez v. Texas Department of Criminal JusticeCourt of Appeals for the Fifth Circuit · 2002
- Jeneva Frazar, Etc., Linda Frew, as Next Friend of Her Minor Child, Carla Frew Maria Ayala, as Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz Mary Fisher, as Next Friend of Her Minor Child, Tyrone T. Edwards Mary Jane Garza, as Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza v. Don Gilbert, Etc., Don Gilbert, Commissioner of the Texas Health and Human Services Commission in His Official Capacity Linda Wertz, Texas State Medicaid Director Bridgett Cook, Employee of Texas Department of Health in Official Capacity Susan Penfield, M.D., Employee of the Texas Department of Health in Official Capacity Eduardo Sanchez, M.D., Texas Commissioner of Health, Jeneva Frazar, Etc., Linda Frew, as Next Friend of Her Minor Child, Carla Frew Carla Frew Maria Ayala, as Next Friend of Her Minor Children, Christopher Arizola, Leonard Jimenez and Joseph Veliz Mary Fisher, as Next Friend of Her Minor Child, Tyrone T. Edwards Mary Jane Garza, as Next Friend of Her Minor Children, Hilary Garza and Sarah Renea Garza Charlotte Garvin, as Next Friend of Her Minor Children Johnny Martinez, Brooklyn Garvin and Bre-Anna Garvin Shannon Garcia, as Next Friend of Her Minor Children, Andrew Garcia, Marisha Garcia, Stephen Sanchez and Allison Sanchez v. Richard Ladd, Etc., Linda Wertz, Texas State Medicaid Director Bridgett Cook, Employee of Texas Department of Health in Official Capacity Susan Penfield, M.D., Employee of the Texas Department of Health in Official Capacity Don Gilbert, Texas Commissioner of Health and Human Services Eduardo Sanchez, M.D., Texas Commissioner of HealthCourt of Appeals for the Fifth Circuit · 2002
- Landry v. Exxon Pipeline Co.United States Bankruptcy Court, M.D. Louisiana · 2001
- U.S. Oil Recovery Site Potentially Responsible Parties Grp. v. R.R. Comm'n of Tex.Court of Appeals for the Fifth Circuit · 2018
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