Patrick J. Higgins v. State of Mississippi

How courts have described this case

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

• explaining that “a judicial admission is in the nature of a waiver. A waiver is a deliberate relinquishment of a known right, and a waiver made for purposes of one lawsuit needn’t have been intended to carry over to another”
• distinguishing the Supreme Court’s treatment of an Eleventh Amendment defense as a personal jurisdiction bar in Wisconsin Dep’t of Corrections v. Schacht, 524 U.S. 381, 388-89 (1998
• characterizing Eleventh Amendment immunity as “an affirmative Eleventh Amendment immunity bars federal courts from defense rather than a limitation on jurisdiction.”
• “[A] judicial admission binds only in the litigation in which it is made. ... In any other suit ... it operates merely as an evidentiary admission.”
• “We conclude . . . that a federal court can raise an Eleventh Amendment defense on its own initiative.”
• though this court need not raise Eleventh Amendment immunity sua sponte, since it does not implicate subject matter jurisdiction, it may do so

Source: CourtListener parenthetical corpus (CC0).