Statute
Eleventh Amendment
40 published works
Paul W. Mollica Federal Courts Blog
Even Where the Underlying Defense Is Qualified Immunity, There is No Collateral-Order Appeal from a District Court’s Denying a Dispositive Motion That Exceeds the Page Limits Set by Local Rules, Holds Tenth Circuit
In Jefferson v. Moore, No. 25-3020 (10th Cir. June 5, 2026), the Tenth Circuit dismisses an appeal of a qualified immunity defense where the district court “denied the motion without…
Religion Clause
2nd Circuit: Claims by Judge Who Was Denied Covid Vaccine Exemption Are Dismissed
In Mora v. New York State Unified Court System, (2nd Circuit, March 30, 2026), the U.S. 2nd Circuit Court of Appeals affirmed the dismissal of a suit brought by a Poughkeepsie,…
California Corporate & Securities Law Blog
DFPI "Takes The Eleventh" In Suit Alleging Failure To Safeguard The Soundness Of First Republic Bank
When an erstwhile shareholder of First Republic Bank sued the California Department of Financial Protection & Innovation for failing to safeguard the "financial soundness and structural integrity" of the bank,…
SDNY Blog
Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement of Document Subpoena to NY Attorney General’s Office
Last week, Magistrate Judge Cave ruled that the New York Attorney General’s Office ("OAG") was protected from having to comply with a document subpoena under Eleventh Amendment sovereign immunity. The…
inversecondemnation.com
Coming And Going: Eleventh Amendment Trumps Fifth Amendment – States Must Consent To Be Sued In Federal Court, Even For Just Compensation
You'll want to check out the U.S. Court of Appeals' opinion in Gerlach v. Rokita, No. 23-1792 (Mar. 6, 2024), even though it mostly retraces grounds already tread by other…
PrawfsBlawg
More on Warren-DeSantis and the court’s ill-advised analysis
Main Monday, January 30, 2023More on Warren-DeSantis and the court's ill-advised analysisI wrote last week about the district court decision in the lawsuit between the Hillsborough (FL) County DA and…
PrawfsBlawg
Bizarre (and arguably advisory and ultra vires) opinion in Warren v. DeSantis (Slight edit)
Main Friday, January 20, 2023Bizarre (and arguably advisory and ultra vires) opinion in Warren v. DeSantis (Slight edit)The case arises from Florida Governor Ron DeSantis suspending Hillsborough County (Tampa) State's…
ILN IP Insider
“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey Reaction To Sovereign Immunity, Intellectual Property, & Takings
By James P. Flynn of Epstein Becker Green
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past here and there). When the United States Supreme Court issued its…
Zalma on Insurance
Eleventh Amendment to U.S. Constitution Bars Suit Against Citizens Property Insurance Corporation
By Barry Zalma
There is no Right to Sue a State Entity in Federal Court Roger Brown sued Citizens Property Insurance Corporation, alleging various state law claims connected to a settlement agreement. The…
Energy & Cleantech Counsel
Supreme Court to Decide Eminent Domain Case
By Kevin Chen
The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved…