Legal Opinion

Embury v. King

Court of Appeals for the Ninth Circuit

Decided May 17, 2004No. 02-15030PublishedCited by 22 opinions

1Opinion of the Court

OPINION

KLEINFELD, Circuit Judge.

We determine here the breadth of a state’s waiver of Eleventh Amendment immunity when it removes a case from state to federal court.

Procedural History

Stephen Embury, a physician, sued the Regents of the University of California *563(the “Regents” or the “State”) and several individuals in December 2000 in the Superior Court of the State of California, and simultaneously in the United States District Court for the Northern District of California, for wrongful discharge from employment, in violation of his due process rights under the federal and state constitutions,…

2Cases cited11 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  3. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  4. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000
  5. Lapides v. Board of Regents of Univ. System of Ga.Supreme Court of the United States · 2002

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

3Cited by22 opinions

  1. Lombardo v. Pennsylvania, Department of Public WelfareCourt of Appeals for the Third Circuit · 2008
  2. Meyers ex rel. Benzing v. TexasCourt of Appeals for the Fifth Circuit · 2005
  3. Independent Living Center of Southern California, Inc. v. Maxwell-JollyCourt of Appeals for the Ninth Circuit · 2009
  4. Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.Court of Appeals for the Seventh Circuit · 2011
  5. Patricia G. Stroud v. Phillip McIntoshCourt of Appeals for the Eleventh Circuit · 2013

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

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