Legal Opinion

National Foods, Inc. v. Rubin

Court of Appeals for the Second Circuit

Decided June 12, 1991No. 1434, Docket 91-7084PublishedCited by 15 opinions

1Opinion of the Court

MUKASEY, District Judge:

This appeal raises the issue of whether the Eleventh Amendment prohibits a law firm that represented a state employee in federal court pursuant to New York Public Officers Law § 17 (McKinney 1988 & Supp. 1991) from moving in that federal court for additional fees to be paid by the State. We conclude for the reasons spelled out below that it does not, and accordingly vacate the District Court’s order, 752 F.Supp. 178, denying the firm’s motion on Eleventh Amendment grounds, and remand for further proceedings consistent with this opinion.

*658I.

The facts, so far as they…

2Cases cited17 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  4. Hans v. LouisianaSupreme Court of the United States · 1890
  5. United States v. TurketteSupreme Court of the United States · 1981

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3Cited by15 opinions

  1. Securities & Exchange Commission v. KPMG LLPDistrict Court, S.D. New York · 2006
  2. Bumpus v. CanfieldDistrict Court, W.D. New York · 2007
  3. Sherwood v. Olin Corp.District Court, S.D. New York · 1991
  4. O'MALLEY v. City of SyracuseDistrict Court, N.D. New York · 1993
  5. Eastman Kodak Co. v. Alter Corp.District Court, S.D. New York · 2013

10 more not listed; retrieve them via the Exa API.

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