United States First Circuit

The Family and Medical Leave Act's personal medical leave provision, 29 USC 2612(a)(1)(D), affording leave for serious personal health conditions, does not validly abrogate the states' immunity insofar as it authorizes private suits against states.

Appellate Information

• Decided 08/06/2001
• Published 08/06/2001

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter J. Smith, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom David W. Ogden, Acting Assistant Attorney General, Paul M. Gagnon, U.S. Attorney, and Mark B. Stern, Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, were on brief, for intervenor United States and appellant.


• For Appellees:
  
• Andrew B. Livernois, with whom Philip T. McLaughlin, New Hampshire Attorney General, was on brief, for appellee.