Edward Ronny Arnold v. Bob Oglesby, Commissioner, Tennessee Department of General Services
Arbitration ERISA JusticiabilityDoctri
Whether the Defendant, as Commissioner of the State of Tennessee Department of General Services, can use the defense of sovereign immunity
QUESTIONS PRESENTED 1. The Eleventh Amendment requires the Defendant, as Commissioner of the State of Tennessee Department of General Services, to be acting on the authority of the State to use the defense of sovereign immunity. ) 2. Whether the district court erred in misunderstanding the Defendant, as Commissioner of the State of Tennessee Department of General Services, cannot use the defense of sovereign immunity until the courts have determined the Defendant was acting on the authority of the state. 3. Whether the district court erred in misunderstanding the Defendant, as Commissioner of the State of Tennessee Department of General Services, was not acting on the authority of the State in withholding earned wages. 4. Whether the _ district court erred in misunderstanding the Defendant, as Commissioner of . the State of Tennessee Department of General Services, violated Public Law 100-379 Worker Adjustment and Retraining Notification (WARN) in circumventing the last work day of November 25, 2015, 5. Whether the United States Court of Appeals for the Sixth Circuit incorrectly dismissed the civil action in conflict with the Defendant, as Commissioner of the State of Tennessee Department of General Services, ii circumvented Public Law 100-379 Worker Adjustment and Retraining Notification (WARN) Act dates.