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2 Sep 2008, 5:10 pm
Welfare, No. 06-4628 In an employment-discrimination suit against a state agency, denial of a motion to dismiss is reversed where: 1) by voluntarily removing the matter from state to federal court, the state had waived its Eleventh Amendment immunity from suit in a federal forum; but 2) a removing state retains all defenses it would have enjoyed had the matter been litigated in state court, including immunity from liability. [read post]