In a case in which Nevada state employees sued the state in state court claiming violations of the federal Fair Labor Standards Act, the state removed the case to federal court and moved to dismiss the case based on state sovereign immunity. The U.S. Ninth Circuit Court of Appeals rejected this argument, ruling that a state waives its Eleventh Amendment immunity over any federal claims when it removes a case from state to federal court. The court had earlier held that a state waives its immunity over only those federal claims that Congress failed to apply to the states by abrogation when a state removes a case to federal court. Read more here.
