Thomson v. Ohio State University Hospital

How courts have described this case

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

• holding that the states could use Eleventh Amendment immunity to defend FMLA cases as the FMLA did not pass the second prong of the Katzenbach test as there is no congruence and proportionality between the injury to be prevented and the means adapted to that end
• refusing to recognize any of the three cases for their “inexplicable” failure to apply the Katzenbach test and noting that none of the cases “apply the analysis required by the United States Supreme Court”
• “The Court concludes that the FMLA may be regarded, on its face, as an attempt to enforce the Equal Protection Clause.”
• “Congress clearly expressed an intention to abrogate the immunity of state governments to the FMLA when it included state and local governments as proper employer-defendants under the act.”
• “It is well established that the Eleventh Amendment to the United States Constitution prevents a federal court from entertaining a suit brought by a citizen against his own state.”

Source: CourtListener parenthetical corpus (CC0).