United States First Circuit

In an appeal from an order of the district court dismissing plaintiffs' Fair Labor Standards Act complaint on sovereign immunity grounds and summary judgment, order is affirmed where: 1) a state waives its sovereign immunity to a pleaded claim by removing that claim to the federal court only if the removal confers an unfair advantage on the removing state; and 2) plaintiffs had received the full measure of benefits to which they were entitled under a collective bargaining agreement and state law.

Appellate Information

• Decided 12/20/2011
• Published 12/20/2011

Judges

• SELYA

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeffrey D. Sowa, Thomas A. Palombo