context: Both before and after Kovacevich, we have issued several opinions saying that we must address the sovereign-immunity issue first.
citation_a.signal: see
citation_a.identifier: 1991 WL 33133, at *4
citation_a.parenthetical: "In view of the District Court's disposition of the claims on eleventh amendment grounds, the District Court was without jurisdiction to make the alternative ruling on the merits."
citation_a.sentence: See, e.g., Angel v. Kentucky, 314 F.3d 262, 265 (6th Cir.2002) (“We must therefore address the jurisdictional [Eleventh Amendment] question that clearly exists, even though it was not addressed by the court below.”); Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Engler, 304 F.3d 616, 618 (6th Cir.2002) (stating that “jurisdictional issues,” including an Eleventh Amendment defense, must “be addressed prior to reaching the merits”); Rossborough Mfg. Co. v. Trimble, 301 F.3d 482, 489 (6th Cir.2002) (“As a threshold matter, we must determine whether the Treasurer and the Administrator are entitled to Eleventh Amendment immunity.”); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 570 (6th Cir. 2000) (“We first address Defendants’ Eleventh Amendment immunity defense because this defense raises a question of federal jurisdiction.”); Wells v. Brown, 891 F.2d 591, 592-93 (6th Cir.1989) (“We are required to decide [the Eleventh Amendment] issue before we decide the merits.”); Childs v. Koosed, No. 90-3449, 1991 WL 33133, at *4 (6th Cir. Mar.13, 1991) (“In view of the District Court’s disposition of the claims on eleventh amendment grounds, the District Court was without jurisdiction to make the alternative ruling on the merits.”); see also Haas v. Quest Recovery Servs., Inc., 338 F.Supp.2d 797, 799 (N.D.Ohio 2004) (“Although Ohio couches its Eleventh Amendment argument as an alternative basis for dismissal, the Court addresses jurisdictional arguments first.”).
citation_b.signal: see also
citation_b.identifier: 338 F.Supp.2d 797, 799
citation_b.parenthetical: "Although Ohio couches its Eleventh Amendment argument as an alternative basis for dismissal, the Court addresses jurisdictional arguments first."
citation_b.sentence: See, e.g., Angel v. Kentucky, 314 F.3d 262, 265 (6th Cir.2002) (“We must therefore address the jurisdictional [Eleventh Amendment] question that clearly exists, even though it was not addressed by the court below.”); Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Engler, 304 F.3d 616, 618 (6th Cir.2002) (stating that “jurisdictional issues,” including an Eleventh Amendment defense, must “be addressed prior to reaching the merits”); Rossborough Mfg. Co. v. Trimble, 301 F.3d 482, 489 (6th Cir.2002) (“As a threshold matter, we must determine whether the Treasurer and the Administrator are entitled to Eleventh Amendment immunity.”); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 570 (6th Cir. 2000) (“We first address Defendants’ Eleventh Amendment immunity defense because this defense raises a question of federal jurisdiction.”); Wells v. Brown, 891 F.2d 591, 592-93 (6th Cir.1989) (“We are required to decide [the Eleventh Amendment] issue before we decide the merits.”); Childs v. Koosed, No. 90-3449, 1991 WL 33133, at *4 (6th Cir. Mar.13, 1991) (“In view of the District Court’s disposition of the claims on eleventh amendment grounds, the District Court was without jurisdiction to make the alternative ruling on the merits.”); see also Haas v. Quest Recovery Servs., Inc., 338 F.Supp.2d 797, 799 (N.D.Ohio 2004) (“Although Ohio couches its Eleventh Amendment argument as an alternative basis for dismissal, the Court addresses jurisdictional arguments first.”).