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Government

Sep. 19, 2001

State of Affairs

A party should analyze whether the defendant may avail itself of the arm-of-the-state defense, even if the defendant is not actually a state agency.


        By Stuart Miller
        
        Under the "arm of the state" doctrine, the protection from certain suits enjoyed by states is extended to entities that, strictly speaking, are not state agencies. For example, the immunity of states from suits in federal court under the 11th Amendment applies to agencies deemed arms of the ...

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