· 10/11/1984
Paul N. Howard Company v. Puerto Rico Aqueduct Sewer Authority v. Insurance Company of North America, Third-Party
Citations
- 744 F.2d 880
- 1984 U.S. App. LEXIS 17788
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that agency of the Commonwealth of Puerto Rico waived its immunity by filing a counterclaim and a third-party complaint
- holding that agency of the Commonwealth of Puerto Rico waived its immunity by filing a counterclaim and a third-party complaint
- suggesting that “[a]n autonomous governmental corporation” is not an alter ego of the state because it is financially independent even though it received periodic appropriations from the state treasury
- that Sewer Authority did “not seriously dispute” plaintiff's claim that judgment could be paid out of Authority’s funds supports finding of no immunity
- appearance in litigation and filing of counterclaim and third- party complaint constituted a waiver of Eleventh Amendment immunity
- immunity waived where state filed counterclaim and third-party complaint
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffin, Bownes, Breyer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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