United States Third Circuit
Lombardo v. Commonwealth of Pennsylvania Dept. of Pub. Welfare, 06-4628
In an employment-discrimination suit against a state agency, denial of a motion to dismiss is reversed where: 1) by voluntarily removing the matter from state to federal court, the state had waived its Eleventh Amendment immunity from suit in a federal forum; but 2) a removing state retains all defenses it would have enjoyed had the matter been litigated in state court, including immunity from liability.
Appellate Information
- Argued 10/24/2007
- Decided 08/25/2008
- Published 08/25/2008
Judges
- Before: SLOVITER, CHAGARES, and HARDIMAN, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Thomas W. Corbett, Jr., John G. Knorr, III (Argued), Maryanne M. Lewis, Office of the Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellants.
- For Appellees:
- Kimberly D. Borland (Argued), Borland & Borland, L.L.P., Wilkes Barre, PA, for Appellee.