How this document has been cited
T] he entire judicial power granted by the Constitution does not embrace authority to entertain a suit brought by private parties against a State without consent given
- in Seminole Tribe of Fla. v. Florida, 1996 and 189 similar citations
Eleventh Amendment bars admiralty suits against states without their consent even though text of amendment refers only to suits "in law or equity
- in Goldman v. Southeastern Pennsylvania Transportation Authority, 2012 and 58 similar citations
Its applicability "is to be determined not by the mere names of the titular parties but by the essential nature and effect of the proceeding, as it appears from the entire record."
- in Scheuer v. Rhodes, 1974 and 69 similar citations
The Eleventh Amendment is "but an exemplification" of the fundamental rule that "a State may not be sued without its consent".
- in Hill v. Dept. of Corrections, 1987 and 48 similar citations
Although the amendment refers only to suits "in law or equity," a state's sovereign immunity under the Eleventh Amendment extends also to suits brought under the admiralty and maritime jurisdiction of the federal courts.
- in Williamson Towing Co., Inc. v. State of Illinois, 1975 and 37 similar citations
The focus of the real party in interest inquiry is on the essential nature and effect of the proceedings.
- in Bosse v. Pitts, 2006 and 35 similar citations
The Eleventh Amendment is a textual security of the fundamental principle of sovereign immunity held by state governments.
- in State v. Wayfair, Inc., 2017 and 33 similar citations
—holding a suit against the Superintendent of Public Works of the State of New York was a suit against the State
- in Florida State Turnpike Authority v. Van Kirk, 1956 and 33 similar citations
This is so because the fundamental constitutional principle of the sovereign immunity of the several states, "of which the Amendment is but an exemplification," holds that the judicial power granted to federal courts does not extend, absent the state's consent, to suits against it by private parties, whether they be citizens of another state, a foreign state, or even citizens of its …
- in New York City Health & Hospitals Corp. v. Perales, 1995 and 30 similar citations
It precludes a federal court from entertaining a suit brought by a private party against a state without the state's consent.
- in Zielasko v. State of Ohio, 1988 and 28 similar citations
Cited by
483 US 468 - Supreme Court 1987
458 US 670 - Supreme Court 1982
523 US 491 - Supreme Court 1998
936 P. 2d 1037 - Or: Court of Appeals 1997
834 SW 2d 50 - Tex: Supreme Court 1992
Dist. Court, ND New York 2019
[CITATION] Northern Insurance Company of New York v. Chatham County
Supreme Court 2006
[CITATION] US v. Deep Sea Research, Inc.
Supreme Court 1998
517 US 44 - Supreme Court 1996
565 NE 2d 422 - Mass: Supreme Judicial Court 1991