Opinion · Court of Appeals for the Second Circuit

Chayoon v. Chao

Chayoon v. Chao, 355 F.3d 141 (2d Cir. 2004)

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
2004-01-16
Topic
employee-benefits-and-executive-compensation

How later courts describe this case

  • “[N]either abrogation nor waiver has occurred in this case. The FMLA makes no reference to the ‘amenity of Indian tribes to suit.’” (citation omitted)
  • “[Plaintiff] cannot circumvent tribal immunity by merely naming officers or employees of the Tribe when the complaint concerns actions taken in defendants’ official or representative capacities and the complaint does not allege they acted outside the scope of their authority.”

Citator

UpLaw has not yet analyzed Chayoon v. Chao. The absence of a flag is not a finding that it is good law.

Cited by
25 opinions