· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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