· 5/2/1988
Westinghouse Electric Corporation, a Corporation v. The West Virginia Department of Highways, a Corporation, (Two Cases)
Citations
- 845 F.2d 468
- 1988 U.S. App. LEXIS 5794
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that § 29-12-5 “can, at most, be construed as waiving the state’s immunity from suit in state court” not federal court
- stating “a claim against the West Virginia Department of Highways is, for eleventh amendment purposes, properly considered one against the state itself’ (citation omitted)
- Eleventh Amendment immunity found even though statute in question contained provisions denying a defense of “constitutional immunity”
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, Phillips, Butzner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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