Thomas v. Fag Bearings Corp.

BEAM, Circuit Judge.

This interlocutory appeal addresses whether the Eleventh Amendment prohibits involuntary joinder of the Missouri Department of Natural Resources (“MDNR”), a state agency. The district court found the Eleventh Amendment inapplicable because none of the parties had asserted any claims directly against MDNR and because involuntary join-der merely dictated the timing of MDNR’s action. We conclude that coercive joinder violates the Eleventh Amendment. Accordingly, we reverse.

I. BACKGROUND

The underlying litigation in this case springs from the discovery of hazardous substances…