Opinion

Durning v. CitiBank, N.A.

  • 950 F.2d 1419
  • 91 Daily Journal DAR 15029
  • 1991 U.S. App. LEXIS 28645
  • 1991 WL 256180
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 9, 1991
Status
Published
Author
Burns
On the bench
Burns, Scannlain, Wallace
Cited by
135 cases

stating that the Eleventh Amendment “bar[s] federal courts from deciding virtually any case in which a state or the ‘arm of a state’ is a defendant . . . unless the state has affirmatively consented to suit” (citations omitted)

How later courts described this case

  • stating that the Eleventh Amendment “bar[s] federal courts from deciding virtually any case in which a state or the ‘arm of a state’ is a defendant . . . unless the state has affirmatively consented to suit” (citations omitted)
  • explaining that agencies that are arms of the state are entitled to the same immunity from suit as the state because “‘the state is the real, substantial party in interest’” (citation omitted)
  • holding that a state law defining a community development authority as “body corpo- rate operating as a state instrumentality” indicated that it had “its own independent corporate identity”

Written by the judges who cited it.

The opinion

BURNS, Senior District Judge,

dissenting:

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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