Monday, June 02, 2003

Amendment to the complaint moots appeal claiming protection of the Eleventh Amendment

In Ohio River Valley Environmental Coalition, Inc. v. Timmermayer, the Fourth Circuit in a per curiam opinion for the panel of Judges Widener, Williams, and Motz dismissed as moot the appeal of a West Virginia state agency claiming immunity under the Eleventh Amendment, where the Court concluded that the trial court's order denying the defendant's motion to dismiss, because it also granted leave to amend the Complaint, also mooted any issue about whether the claims in the prior version of the Complaint were covered by the Eleventh Amendment.

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