Nev. Not Immune To Workers' FLSA Suit, 9th Circ. Says
Law360 (October 16, 2019, 8:53 PM EDT) -- States can’t claim 11th Amendment immunity to federal claims they’ve had sent from state to federal court even when the underlying law doesn’t apply to them, the Ninth Circuit said Wednesday in a published opinion greenlighting a federal wage collective action against the Nevada Department of Corrections.
The panel answered a question the U.S. Supreme Court left open in its 2002 Lapides v. Board of Regents of Univ. System of Ga. ruling, which said that state laws waiving immunity to state-law claims preclude 11th Amendment immunity when states remove such claims to federal court.
Citing a 2004 circuit precedent known as...
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