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Article: Court continues to focus on sovereign immunity.
- Article from:
- Trial
- Article date:
- August 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The Supreme Court decided four cases last term that concerned the sovereign immunity of state governments. Although the decisions continue the Court's trend of expanding immunity, (1) they help plaintiffs seeking relief from state governments by reaffirming that state officers may be sued in federal court and that states may waive their Eleventh Amendment immunity. Each ruling is likely to have important practical consequences for litigants.
The Eleventh Amendment bars suits against states in federal court by citizens of other states or nations. In 1890, the Court decided Hans v. Louisiana, holding that the amendment also bars suits against state governments by ...