Legal Opinion

Nelson v. University of Texas at Dallas

Court of Appeals for the Fifth Circuit

Decided July 10, 2008No. 07-10660PublishedCited by 91 opinions

1Opinion of the Court

PRADO, Circuit Judge:

In this case, we must decide whether a claim for reinstatement under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54, is sufficient to bring a case within the Ex parte Young exception to Eleventh Amendment sovereign immunity. We conclude that it is and therefore REVERSE the judgment of the district court and REMAND for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff-Appellant Robert Nelson (“Nelson”) was employed by Defendant-Appellee the University of Texas at Dallas (“UTD”) for approximately one year. After…

2Cases cited30 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  5. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002

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3Cited by91 opinions

  1. Coleman v. Maryland Court of AppealsCourt of Appeals for the Fourth Circuit · 2010
  2. Coleman v. Court of Appeals of MarylandSupreme Court of the United States · 2012
  3. Davis v. Tarrant County, Tex.Court of Appeals for the Fifth Circuit · 2009
  4. K.P. v. LeBlancCourt of Appeals for the Fifth Circuit · 2010
  5. Bryant v. Texas Department of Aging & Disability ServicesCourt of Appeals for the Fifth Circuit · 2015

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