Legal Opinion
Lewis v. New Mexico Department of Health
Court of Appeals for the Tenth Circuit
Decided August 16, 2001No. 00-2154PublishedCited by 48 opinions
1Opinion of the Court
TACHA, Chief Judge.
The defendants appeal the district court’s denial of their motions to dismiss based on Eleventh Amendment immunity and Federal Rule of Civil Procedure 12(b)(6). Pursuant to the collateral order doctrine, we have jurisdiction under 28 U.S.C. § 1291 to review the district court’s denial of the defendants’ motion asserting Eleventh Amendment immunity, see Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 146-47, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993), and we affirm the district court’s denial of the motion. We decline, however, to exercise pendent…
2Cases cited22 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Ex Parte YoungSupreme Court of the United States · 1908
- Bell v. HoodSupreme Court of the United States · 1946
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
17 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Muscogee (Creek) Nation v. PruittCourt of Appeals for the Tenth Circuit · 2012
- McCarthy Ex Rel. Travis v. HawkinsCourt of Appeals for the Fifth Circuit · 2004
- Chaffin v. Kansas State Fair BoardCourt of Appeals for the Tenth Circuit · 2003
- Crumpacker v. Kansas, Department of Human ResourcesCourt of Appeals for the Tenth Circuit · 2003
- Antrican v. OdomCourt of Appeals for the Fourth Circuit · 2002
43 more not listed; retrieve them via the Exa API.