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LEE v. STATE, POLK COUNTY CLERK OF COURT

No. 07-1879.

815 N.W.2d 731 (2012)

Tina LEE, Appellee, v. STATE of Iowa, POLK COUNTY CLERK OF COURT, Appellant.

Supreme Court of Iowa.

May 25, 2012.

Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Jeffrey S. Thompson , Deputy Attorney General, and Grant K. Dugdale , Assistant Attorney General, for appellant.

Paige E. Fiedler and Brooke C. Timmer of Fiedler & Timmer, P.L.L.C., Urbandale, for appellee.

CADY, Chief Justice.

In this employment case, we must primarily decide whether the State of Iowa is immune from claims under the self-care provision of the Family and Medical Leave Act (FMLA) in state court. The district court denied the State's posttrial motions for a judgment notwithstanding the verdict or a new trial asserting Eleventh Amendment sovereign immunity after a jury awarded damages to a state employee based on a claim for violating the Act. The Iowa...

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