Legal Opinion
Georgia Higher Education Assistance Corp. v. Crow
Court of Appeals for the Eleventh Circuit
Decided December 23, 2004No. 04-10369PublishedCited by 15 opinions
1Per curiam
This appeal requires us to apply the Supreme Court’s recent decision in Tennessee Student Assistance Corporation v. Hood, 541 U.S. 440, 124 S.Ct. 1905, 158 L.Ed.2d 764 (2004), to two claims brought by a debtor in bankruptcy against two agencies of the State of Georgia. Although Hood disposes of the first of those claims, it does not affect the second one. As to that claim we must decide whether Congress’ attempt in 11 U.S.C. § 106(a) to abrogate states’ Eleventh Amendment immunity is valid. For the reasons that follow, we believe that it is not.
Thomas and Jennifer Crow filed a petition for…
2Cases cited19 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- City of Boerne v. FloresSupreme Court of the United States · 1997
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Green v. MansourSupreme Court of the United States · 1986
14 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Florida Dept. of Revenue v. DiazCourt of Appeals for the Eleventh Circuit · 2011
- Brown v. Fox Broadcasting Co. (In Re Cox)United States Bankruptcy Court, N.D. Georgia · 2010
- FL Dept. of Revenue v. Gregg Takafumi OmineCourt of Appeals for the Eleventh Circuit · 2007
- Ace American Insurance v. DPH Holdings Corp. (In Re DPH Holdings Corp.)District Court, S.D. New York · 2010
- Florida Department of Revenue v. Daniel RodriguezCourt of Appeals for the Eleventh Circuit · 2010
10 more not listed; retrieve them via the Exa API.