Friday, February 15, 2008

WVU v. Rodriguez Remanded

On Monday, U.S. District Court Judge John Bailey ordered West Virginia University's suit against Rich Rodriguez remanded to state court.  Bailey, applying a test from Maryland Stadium Authority v. Ellerbe Becket Inc., concluded that WVU is an arm of the state of West Virginia and thus is not a "citizen" for diversity jurisdiction purposes.  A PDF copy of the judge's opinion can be found here.

Of course, those of you who read this blog regularly can say you saw pretty much this exact development coming in December

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