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KEETON v. UNIVERSITY OF NEVADA SYSTEM

No. 97-17184.

150 F.3d 1055 (1998)

James D. KEETON; John P. Keith; Robert C. Bay; Alfred F. Soprano, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellees, v. UNIVERSITY OF NEVADA SYSTEM; Carolyn Sparks; Shelley Berkley; Jill Derby; James Eardley; Joseph Foley; Dorothy Gallagher; Daniel Klaich; Madison Graves; Paul E. Meacham, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1998.

Attorney(s) appearing for the Case

Marc P. Cardinalli, Asst. Gen. Counsel, University and Community College System of Nevada, Las Vegas, NV, for defendants-appellants.

Paul V. Carelli, III, Carelli & Miller, Las Vegas, NV, for plaintiffs-appellees.

Before: HALL and THOMAS, Circuit Judges, and MOSKOWITZ, District Judge.

THOMAS, Circuit Judge:

We consider in this case whether Congress had the power and intent to abrogate the states' Eleventh Amendment immunity from claims under the Age Discrimination in Employment Act. We conclude that Congress satisfied the prerequisites to abrogation, and affirm the district court's order so holding.

The plaintiffs, all educators and employees of the University of Nevada and the University of Nevada System, instituted the instant class action...

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