Decided December 1, 2006--Opinion by Catherine C. Blake (not approved for publication)
Motion to deny class certification status is premature when class certification had not yet been requested. Sovereign immunity is available for claims for monetary damages, but not equitable relief. Governmental immunity is available for common law claims. Preliminary denial of motion to certify question to state court when there is a purely federal question pending as to whether the statute is unconstitutional as applied.
The full opinion is available in PDF.
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