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.