Fed. District Court Finds Tribal Sovereign Immunity Waived by Removal in FMLA Claim

Order

The 11th Circuit found the opposite on this issue, leaving open the possibility of an eventual circuit split.

Defendants invoked the jurisdiction of the federal courts to
raise a jurisdictional defense that could equally have been
raised in the state court. As the court recognized in its January
9, 2014 Order, “there appears no principled reason for defendants to have removed the action before asserting immunity.” (ECF No. 40.) Defendants have advanced none in their briefing or at oral argument. The court therefore finds that the Tribe has unequivocally waived any claim of sovereign immunity through removal. And, as defendants Health Program, Health Board, and Brenda Adams’s assertions of sovereign immunity derive from the Tribe’s sovereign immunity, subject matter jurisdiction over plaintiff’s claims against these defendants is also proper.

Briefs will be posted this afternoon.

44 Shingle Springs Brief in Support of Motion to Dismiss
45 Bodi Memorandum
46 Shingle Springs Reply

47 Bodi Reply

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