Montgomery v. State of Maryland, 266 F.3d 344 (4th Cir. 2001)
Plaintiff employee filed suit against defendants state, employer, and two supervisors alleging violations of the Family Medical Leave Act (“FMLA“). The state initially argued, inter alia, that sovereign immunity barred the employee’s suit and then withdrew the Eleventh Amendment defense on behalf of all defendants. The District Court dismissed the complaint on sovereign immunity grounds…
McBurney v. Cuccinelli, 616 F.3d 393 (4th Cir. 2010)
Three plaintiffs, who were not citizens of Virginia and had been denied information that they requested pursuant to the VFOIA, sued the Attorney General and the heads of the agencies who denied their requests, alleging violation of the dormant commerce clause.
State ex rel. McGraw v. CVS Pharmacy, Inc., 2011 U.S. App. LEXIS 10171 (4th Cir. 2011).
The West Virginia Attorney General filed suit in state court alleging violations of state consumer protection laws. The state sued in its ”sovereign and quasi-sovereign capacity” and sought injunctive relief, restitution and disgorgement of overcharges, recovery on behalf of the consumers, civil penalties, interest, costs, and attorneys’ fees. The defendants removed the case to federal…
