Legal Opinion
Chris Lusby Taylor Nancy A. Pepple-Gonsalves v. Steve Westly, in His Capacity as Controller of the State of California
Court of Appeals for the Ninth Circuit
Decided March 29, 2005No. 02-16511PublishedCited by 58 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge.
Persons whose stock was escheated to the state sued to get it back. The district court held that the Eleventh Amendment barred their claims. We disagree.
Facts.
The dismissal was for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). 1 No material disputes of fact have been asserted as to jurisdiction, and the district court acted on the basis of what the plaintiffs pleaded, so we proceed on the basis of the allegations of fact in the complaint. 2
Although this case was filed as a class action, it never reached the point of class…
2Cases cited18 opinions
- Papasan v. AllainSupreme Court of the United States · 1986
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Quern v. JordanSupreme Court of the United States · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Suever v. ConnellCourt of Appeals for the Ninth Circuit · 2009
- Jachetta v. United StatesCourt of Appeals for the Ninth Circuit · 2011
- Seven Up Pete Venture v. SchweitzerCourt of Appeals for the Ninth Circuit · 2008
- Chris Taylor v. John ChiangCourt of Appeals for the Ninth Circuit · 2015
- Fontenot v. McCrawCourt of Appeals for the Fifth Circuit · 2015
53 more not listed; retrieve them via the Exa API.