BERGEMANN v. RHODE ISLAND DEPT. OF ENVIRONMENTAL

No. 11-1407.

665 F.3d 336 (2011)

Scott BERGEMANN et al., Plaintiffs, Appellants, v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and Gina M. Raimondo, in her Capacity as Treasurer of the State of Rhode Island, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Heard November 8, 2011.


Attorney(s) appearing for the Case

Jeffrey D. Sowa , with whom Marshall M. Raucci and LaPlante Sowa Goldman were on brief, for appellants.

Thomas A. Palombo , Assistant Attorney General, for appellees.

Before LIPEZ, SELYA and HOWARD, Circuit Judges.


SELYA, Circuit Judge.

This appeal poses a question that has divided the circuits. The question, which is a matter of first impression for this court, is whether a state waives its sovereign immunity to a pleaded claim by removing that claim to the federal court. We conclude that a waiver occurs only if the removal confers an unfair advantage on the removing state. Because the district court reached this same conclusion and because its other rulings are unimpugnable...

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