Walden v. Nevada, No. 18-15691 (9th Cir. 2019)Annotate this Case
The Ninth Circuit filed an order withdrawing its opinion and substituting this opinion in its place, denied a petition for panel rehearing, and denied on behalf of the court a petition for rehearing en banc. The panel also amended the opinion affirming the district court's holding that the State of Nevada waived its Eleventh Amendment sovereign immunity as to plaintiffs' Fair Labor Standards Act claims when the State removed the case from state court to federal court.
The panel extended the holding of Embury v. King, 361 F.3d 562 (9th Cir. 2004), and held that a State that removes a case to federal court waives its immunity from suit on all federal-law claims in the case, including those federal-law claims that Congress failed to apply to the states through unequivocal and valid abrogation of their Eleventh Amendment immunity. Therefore, Nevada waived its Eleventh Amendment immunity in this case.
This opinion or order relates to an opinion or order originally issued on October 16, 2019.