Legal Opinion
eScholar, LLC v. Nebraska Department of Education
District Court, D. Nebraska
Decided April 13, 2020No. 8:20-cv-00135Unknown
1Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA eScholar, LLC, 8:20-CV-135 Plaintiff, vs. ORDER TO SHOW CAUSE Nebraska Department of Education, Defendant. This matter is before the Court on its own motion on a question of subject matter jurisdiction—specifically, whether the Court has jurisdiction over a copyright infringement claim against the State of Nebraska, which generally has sovereign immunity in federal court. The plaintiff clearly anticipated a sovereign immunity issue, suggesting in its brief in support of its motion for preliminary injunction that the defendant…
2Cases cited7 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Hart v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- Frederick Allen v. Roy CooperCourt of Appeals for the Fourth Circuit · 2018
- JOHN DOE MARY DOE, INDIVIDUALLY AND AS HUSBAND AND WIFE, AND JNT, BY AND THROUGH JOHN DOE, HIS NEXT FRIEND JAY BRUMMETT, PERSONAL REPRESENTATIVE OF THE ESTATE OF GAYLYNN BRUMMETT, — UNITED STATES OF AMERICA, INTERVENOR — v. THE STATE OF NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES MICHAEL JOHANNS, GOVERNOR OF THE STATE OF NEBRASKA, IN HIS OFFICIAL CAPACITY RON ROSS, DIRECTOR OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY SANDY THOMPSON, CHILD PROTECTIVE SERVICES CASE MANAGER FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY PATRICIA SQUIRES, DECEASED, CHILD PROTECTIVE SERVICES SUPERVISOR AND ADOPTION UNIT SUPERVISOR FOR THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HER OFFICIAL CAPACITY DARYL WUSK, ADMINISTRATOR OF THE LINCOLN DISTRICT OFFICE OF THE NEBRASKA DEPARTMENT OF HEALTH & HUMAN SERVICES, IN HIS OFFICIAL CAPACITY, —Court of Appeals for the Eighth Circuit · 2003
- Amerind Risk Management v. Myrna MalaterreCourt of Appeals for the Eighth Circuit · 2011
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