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NICHOLAS v. ATTORNEY GENERAL

No. 20060297.

168 P.3d 809 (2007)

2007 UT 62

Lynn NICHOLAS, Plaintiff and Appellant, v. ATTORNEY GENERAL, State of Utah, Defendant and Appellee.

Supreme Court of Utah.

August 14, 2007.

Attorney(s) appearing for the Case

Mary J. Woodhead, Salt Lake City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, David V. Pena, Asst. Att'ys Gen., Salt Lake City, for defendant.

Benson L. Hathaway, Stephen W. Geary, Salt Lake City, for amicus Utah Public Employees Association.

WILKINS, Associate Chief Justice:

¶ 1 Lynn Nicholas appeals the decision of the district court, which granted the State's motion to dismiss her complaint against her former employer, the Attorney General of the State of Utah. The question presented on appeal is whether Congress validly abrogated state sovereign immunity when it passed the self-care provision of the Family Medical Leave Act ("FMLA") such that the State of Utah can be sued for money damages by...

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