Albert J. Velasquez v. Dorothy J. Frapwell and the Trustees of Indiana University, and United States of America, Intervening

In our opinion in this case issued on November 12, 1998, and reported at 160 F.3d 389 (7th Cir.1998), we held that the plaintiffs claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., against the Trustees of Indiana University, an arm of the State of Indiana, was barred by the Eleventh Amendment. Later we learned that on the day before our decision was issued, Congress had amended USERRA in the Veterans Programs Enhancement Act of 1998, Pub.L. No. 105-368 (Nov. 11, 1998). We asked the parties to submit supplemental memoranda concerning…