United States Ninth Circuit
NORITA v. COMMONWEALTH OF THE N. MARIANA ISLANDS, 02-16292
The inter-circuit conflict with the First Circuit regarding the lack of an Eleventh Amendment soveriegn immunity defense for the Mariana Islands, per Fleming v. Dep't of Public Safety, 837 F.2d 401, 403 (9th Cir. 1988), is not reviewable by a three-judge panel. Thus, plaintiff is not entitled to such a defense in a suit by employees who want to collect overtime from their government employer.
Appellate Information
- Argued 02/14/2003
- Decided 06/05/2003
- Published 06/05/2003
Judges
- GOODWIN, Circuit Judge:, Before SCHROEDER, Chief Judge, GOODWIN and TASHIMA, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Jeanne H. Rayphand,Brien Sers Nicholas, Saipan, MP, for the Plaintiffs-Appellants.
- For Appellees:
- Karen M. Klaver, Benjamin I. Sachs, Assistant Attorneys General, Saipan, MP, for the Defendant-Appellee.