TaiLexi AI U.S. Case Law

Robin M. Wilson-Jones v. Rev. E. Theophilus Caviness

Robin M. WILSON-JONES, Et Al., Plaintiffs-Appellees/Cross-Appellants, v. Rev. E. Theophilus CAVINESS, Et Al., Defendants-Appellants/Cross-Appellees

Wilson-Jones v. Rev. E. Theophilus Caviness, 107 F.3d 358 (6th Cir. 1997)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
January 16, 1997
Docket
No. 95-3086/95-3143
Judges
Boggs, Norris, Hood
Citations
107 F.3d 3583 Wage & Hour Cas.2d (BNA) 15011997 U.S. App. LEXIS 1075

Opinion

ORDER The court having received a petition for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of this court, and no judge of this court having requested a vote on the suggestion for rehearing en bane, the petition for rehearing has been referred to the original panel.

The panel wishes to amend the second and third sentences of the second paragraph of Section II (pages 2-3 of the slip opinion, 99 F.3d at 206).

As an amendment to the scope of the judicial power under Article III, state immunity is jurisdictional in the same sense as the complete diversity requirement, Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 , 2 L.Ed. 435 (1806), or the well-pleaded complaint rule, Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149 , 29 S.Ct. 42 , 53 L.Ed. 126 (1908). Although both of the *-1217 latter two doctrines are based only on statutory interpretation, state immunity is similar to them in that neither the litigants’ consent, nor oversight, nor convenience can justify a court’s exercise of illegal power.

The panel has further reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case. Accordingly, the petition is denied.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

  • (“As an amendment to the scope of the judicial power under Article III, state immunity is jurisdictional in the same sense as the complete diversity requirement, or the well-pleaded complaint rule.”)

Cited by 37 cases

View all citing references →
1997: 151998: 161999: 12000: 22003: 12013: 12022: 119972026peak 1998 · 16

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Louisville & Nashville R.R. v. Mottley, 211 U.S. 149 (1908) 1,712
Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806) 1,906

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list