9th Circuit:  State Waived Immunity With Removal Of Federal Law Claims

Mealey's (October 18, 2019, 1:59 PM EDT) -- SAN FRANCISCO — In an issue that it noted was one of first impression, the Ninth Circuit U.S. Court of Appeals on Oct. 16 ruled that a state, when it removed federal law wage claims to a federal court, waived its 11th Amendment to the U.S. Constitution immunity and noted that it was extending the holding of Embury v. King “to cover all federal-law claims” (Donald Walden, Jr., et al. v. State of Nevada, et al., No. 18-15691, 9th Cir., 2019 U.S. App. LEXIS 30756)....