Legal Opinion
Kien Chung Ta v. Neimes
District Court, W.D. Texas
Decided May 22, 1996No. 1:95-cv-00699PublishedCited by 1 opinion
1Opinion of the Court
Order Concerning Remand To State-Court
BIERY, District Judge.
Before the Court is plaintiffs’ motion to sever and remand the state law claims because of the Eleventh Amendment. An opportunity is presented to analyze two seemingly divergent lines of cases: one line requiring remand of the entire cause of action when any of the claims are barred by the Eleventh Amendment and the other line requiring remand of the barred claims only. For the reasons stated below, the entire case is remanded to state court.
On July 25, 1995, plaintiffs filed an original petition in state court seeking declaratory,…
2Cases cited36 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Hagans v. LavineSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
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3Cited by1 opinion
- Hill v. Hom/Ade Foods, Inc.District Court, W.D. Louisiana · 2000