Nevada Department of Human Resources v. Hibbs
January 15, 2003 (01-1368)
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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

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