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COOPER v. SOUTHEASTERN PA. TRANSP. AUTHORITY

No. 07-1522.

548 F.3d 296 (2008)

Allison COOPER, On Behalf of Herself and All Others Similarly Situated v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 26, 2008.

Attorney(s) appearing for the Case

Thomas S. Biemer, Esquire (Argued), Steven B. Goodman, Esquire, Mariana Rossman, Esquire, Dilworth Paxson, Philadelphia, PA, Michael G. Tierce, Esquire, Jo Bennett, Esquire, Stevens & Lee, Philadelphia, PA, Attorneys for Appellant.

Jordan M. Lewis, Esquire (Argued), Siegel, Brill, Greupner, Duffy & Foster, Minneapolis, MN, Patricia V. Pierce, Esquire, Hannah Schwarzschild, Esquire, Willig, Williams & Davidson, Philadelphia, PA, Attorneys for Appellee, Allison Cooper.

Lawrence A. Katz, Esquire, Coffey & Kaye, Bala Cynwyd, PA, Attorney for Amici Curiae-Appellee, United Transportation Union, Brotherhood of Railroad Signalmen, Brotherhood of Locomotive Engineers and Trainmen.

Before: SCIRICA, Chief Judge, FISHER and ROTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

At issue is whether the Southeastern Pennsylvania Transportation Authority ("SEPTA") is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir.1991) (en banc), cert. denied, 504 U.S. 943, 112 S.Ct. 2281, 119 L.Ed.2d 206 (1992). Now SEPTA contends that subsequent changes...

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