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· 12/1/1925

United States v. Cardwell

Citations

  • 9 F.2d 146
  • 1925 U.S. Dist. LEXIS 1319

How courts have described this case

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

  • finding that balance is “clearly struck” against immunity where funding factor weighed against, and only one factor — autonomy—weighed slightly in favor
  • finding that balance is \clearly struck\ against immunity where funding factor weighed against, and only one factor - autonomy -weighed slightly in favor
  • rejecting arguments regarding state regulation of agency funding as irrelevant to the funding inquiry and reiterating that \under our case law” question is simply one of state's \affirmative obligation to pay”
  • rejecting arguments regarding state regulation of agency funding as irrelevant to the funding inquiry and reiterating that \under our case law\ question is simply one of state's \affirmative obligation to pay\
  • “[T]he significant control the Commonwealth exercises through the power to appoint all the members of the Commission weighs slightly in favor of Commission immunity ....”
  • \[T]he party asserting Eleventh Amendment immunity (and standing to benefit from its acceptance) bears the burden of proving its applicability.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Tuttle

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.