United States Federal Circuit
XECHEM INT'L INC. v. THE UNIVERSITY OF TEXAS, 03-1406
Plaintiff's suit is dismissed where defendant-university is not subject to suit in federal court as plaintiff's pleadings and representations do not meet the requirements of precedent for waiver or abrogation of a state's Eleventh Amendment immunity.
Appellate Information
- Decided 08/31/2004
- Published 08/31/2004
Judges
- PAULINE NEWMAN, Circuit Judge., Before PAULINE NEWMAN, GAJARSA, and LINN, Circuit Judges.
Court
- United States Federal Circuit
Counsel
- For Appellant:
- John P. Luther, Law Office of John P. Luther, of Kent, WA, argued for plaintiff-appellant.
- For Appellees:
- David L. Parker, Fulbright & Jaworski L.L.P., of Austin, TX, argued for defendants-appellees. With him on the brief were Marcy Hogan Greer and Robert E. Hanson, Jr.