United States Sixth Circuit

In an employment dispute brought under the Family and Medical Leave Act (FMLA), the district court correctly determined that the FMLA's purported abrogation of Ohio's Eleventh Amendment immunity was unconstitutional and that Ohio was accordingly immune from suit.

Appellate Information

• Decided 09/09/2005
• Published 09/09/2005

Judges

• Before:  BOGGS, Chief Judge;  BATCHELDER, Circuit Judge;  and GADOLA, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John S. Marshall, Marshall & Morrow, Columbus, Ohio, for Appellant.  Diane Richards Brey, Office of the Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  John S. Marshall, Louis A. Jacobs, Marshall & Morrow, Columbus, Ohio, for Appellant.  Diane Richards Brey, Stephen P. Carney, Douglas R. Cole, Office of the Attorney General, Columbus, Ohio, for Appellee.