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Second Circuit Review: Waiving Eleventh Amendment Immunity Through Conditioned Federal Funds
July 28, 2021
Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Waiving Eleventh Amendment Immunity Through Conditioned Federal Funds,” appeared in the July 28 issue of the New York Law Journal. The authors discuss the Second Circuit’s recent ruling in T.W. v. New York State Board of Law Examiners, in which the court joined its sister circuits in reiterating that state entities should be able to knowingly waive Eleventh Amendment immunity from private lawsuits in discrete situations without the acceptance of conditioned federal funds for some departments invalidating immunity for others. Litigation associate Timothy Beavers assisted in the preparation of this column.
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