Farmers' Cooperative Exchange, Inc. v. Turnbow

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that waiting until the day before trial, after a jury has been selected is a waiver of sovereign immunity
• recognizing “a state may waive its Eleventh Amendment immunity by conduct that is 6 incompatible with an intent to preserve that immunity”
• concluding the Eleventh Amendment is not a 27 jurisdictional bar because it is a defense that can be waived by the state.
• finding that the state waived the Eleventh Amendment immunity defense by raising the defense so late in the case
• holding a federal court is not divested of jurisdiction if the amount in controversy subsequently drops below the minimum jurisdictional level
• noting that state can “gain an improper advantage” by waiting to raise sovereign immunity until after ruling on motion for summary judgment or pre-trial motions

Source: CourtListener parenthetical corpus (CC0).