Legal Opinion
Schulman v. California (In re Lazar)
Court of Appeals for the Ninth Circuit
Decided January 12, 2001No. Nos. 97-56635, 97-56636 and 97-56638PublishedCited by 32 opinions
1Opinion of the Court
WARDLAW, Circuit Judge:
In these consolidated bankruptcy appeals, the California State Water Resources Control Board (the “State Board”) and the California Underground Storage Tank Cleanup Fund (the “Fund”) challenge the district court’s orders denying them Eleventh Amendment immunity. In particular, the State Board contends that it is an arm of the state of California, that it did not waive its Eleventh Amendment immunity, and that 11 U.S.C. § 106 does not validly abrogate such immunity. The Fund raises a narrower Eleventh Amendment question, arguing merely that it is an “arm of the state.”…
2Cases cited61 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Hans v. LouisianaSupreme Court of the United States · 1890
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
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3Cited by32 opinions
- George P. Stoe v. William E. Flaherty David Carpenter James Carpenter William Smelas Robert Sunderman Ronald StatileCourt of Appeals for the Third Circuit · 2006
- In Re: Charter Oak Associates, Debtor. Neal Ossen, Trustee v. Department of Social Services, State of ConnecticutCourt of Appeals for the Second Circuit · 2004
- Eden Place v. Sholem PerlCourt of Appeals for the Ninth Circuit · 2016
- In Re Kathryn Bliemeister, Debtor, State of Arizona, Ex Rel Industrial Commission of Arizona v. Kathryn Bliemeister, and Stanley Fogler, TrusteeCourt of Appeals for the Ninth Circuit · 2002
- Del Campo v. KennedyCourt of Appeals for the Ninth Circuit · 2008
27 more not listed; retrieve them via the Exa API.