Opinion · Supreme Court of the United States

Massachusetts Department of Public Welfare v. Newfield House, Inc.

454 U.S. 1114

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1981-12-07
Topic
general

How later courts describe this case

  • Massachusetts Attorney General has power to waive state’s eleventh amendment immunity and did so by seeking removal, by opposing plaintiff’s argument that the eleventh amendment did not apply, and by pressing a counterclaim in the federal action
  • “While the standard for finding a waiver is high, ..., one long-accepted basis for such a finding is a general appearance in a federal proceeding by a state official acting within his authority.” Id. (other citations omitted)

Citator

UpLaw has not yet analyzed Massachusetts Department of Public Welfare v. Newfield House, Inc.. The absence of a flag is not a finding that it is good law.

Cited by
16 opinions

C. A. 1st Cir. Certiorari denied.

Justice White and Justice O’Connor would grant certiorari.