United States Third Circuit

In a case arising out of a high school athlete's claims that the National Collegiate Athletic Association (NCAA) and several related institutions subjected him to unlawful discrimination based on his learning disability, various rulings against plaintiff and her attorneys are reversed and the circuit court finds that the University of Iowa is an arm of the state for purposes of Eleventh Amendment immunity, but that Congress validly abrogated sovereign immunity under Title II of the Americans with Disabilities Act.

Appellate Information

• Decided 02/01/2007
• Published 02/01/2007

Judges

• FISHER, Circuit Judge., Before:  FUENTES, FISHER and BRIGHT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• A. Richard Feldman (Argued), Richard L. Bazelon, Noah H. Charlson, Bazelon, Less & Feldman, Barbara E. Ransom, Public Interest Law Center of Philadelphia, Philadelphia, PA, Attorneys for Kathleen Bowers., Barbara W. Mather (Argued), Christopher J. Huber, Pepper Hamilton, Philadelphia, PA, Attorneys for Barbara E. Ransom., Daniel Segal, Michele D. Hangley, Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, Attorneys for Richard L. Bazelon., Jessica D. Silver, Sarah E. Harrington (Argued), U.S. Department of Justice, Civil Rights Division/Appellate Section, Washington, DC, Attorneys for United States of America., John B. Langel (Argued), Shannon D. Farmer, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, Attorneys for Temple University., J. Freedley Hunsicker, Jr. (Argued), Drinker, Biddle & Reath, Philadelphia, PA, Attorneys for National Collegiate Athletic Association., Jack J. Wind, Margulies, Wind & Herrington, Jersey City, NJ, Gordon E. Allen, Mark Hunacek (Argued), Office of Attorney General of Iowa, Des Moines, IA, Attorneys for University of Iowa.