Attorney(s) appearing for the Case
Richard Briles Moriarty, Assistant Attorney General of Wisconsin, argued the cause for petitioners. With him on the briefs was James E. Doyle, Attorney General.
David E. Lasker argued the cause and filed a brief for respondent.*
Breyer, J., delivered the opinion for a unanimous Court. Kennedy, J., filed a concurring opinion, p. 393.
United States Supreme Court.
Justice Breyer, delivered the opinion of the Court.
The question before us is whether defendants in a case filed in a state court, with claims "arising under" federal law, can remove that case to federal court—where some claims, made against a State, are subject to an Eleventh Amendment bar. We conclude that the defendants can remove the case to a federal court and that the court can decide the nonbarred claims.
In 1993, the Wisconsin Department...
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