LABORERS' INT'L UNION OF NORTH AMERICA v. NEFF

No. 21-3653.

29 F.4th 325 (2022)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 860, on behalf of itself and its members, Plaintiff-Appellant, v. Terease Z. NEFF; Hon. Thomas F. O'Malley; Cuyahoga County, Ohio Common Pleas Court, Juvenile Division, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2022.


Attorney(s) appearing for the Case

ARGUED: Austin T. Opalich , MANGANO LAW OFFICES CO., L.P.A., Cleveland, Ohio, for Appellant. Max V. Rieker , WALTER | HAVERFIELD LLP, Cleveland, Ohio, for Appellees. ON BRIEF: Austin T. Opalich , Joseph J. Guarino III , Ryan K. Hymore , MANGANO LAW OFFICES CO., L.P.A., Cleveland, Ohio, for Appellant. Max V. Rieker , R. Todd Hunt , Alejandro V. Cortes , WALTER | HAVERFIELD LLP, Cleveland, Ohio, for Appellees.

SUTTON, C.J., delivered the opinion of the court in which GIBBONS and GRIFFIN, JJ., joined. SUTTON, C.J. (pp. 335-37), also delivered a separate concurring opinion.


OPINION

When contract negotiations broke down between an Ohio juvenile court and the union that represents the court's employees, the union took the court to federal court. Because the juvenile court is an arm of the State, the district court correctly held that sovereign immunity bars most of the union's claims. And...

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