Sovereign Immunity Insights
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In Kimel v. Fla. Bd. of Regents, 528 U.S. 62, 120 S. Ct. 631 (2000), the Supreme Court held that although the Age Discrimination in Employment Act contains a clear statement of Congress’ intent to abrogate the States’ sovereign immunity, that abrogation exceeded Congress’ authority under § 5 of the Fourteenth Amendment. Consequently, under Kimel,...
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In Coleman v. Ct. of Appeals of Maryland, 566 U.S. 30, 132 S.Ct. 1327 (2012), the Supreme Court held that Congress did not validly abrogate States’ sovereign immunity from suits for money damages in enacting FMLA’s self-care provision. Consequently, State employees are not able to sue their State employers for money damages arising from violations...
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