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Nevada Department of Human Resources v. Hibbs January 15, 2003 (01-1368) return to case listing Case Summary A state employee requested leave under the Family and Medical Leave Act to care for his sick wife. After the employee was terminated, he brought suit in federal court claiming that his employer, the state of Nevada, violated the FMLA. The district court summarily dismissed the case, holding that the FMLA claim was barred by Nevada's Eleventh Amendment immunity. On appeal, the U.S. Court of Appeals for the Ninth Circuit reversed and held that Congress validly abrogated the states' Eleventh Amendment immunity from suit in enacting the FMLA. The opinion of the Ninth Circuit is found at 273 F.3d 844. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 9-0 to Reverse 5-4 to Reverse 5-4 to Reverse 5-4 to Reverse 6-3 to Affirm VOTING TO REVERSE Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Scalia Kennedy Thomas VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Rehnquist Stevens O'Connor Souter Ginsburg Breyer return to case listing