Campbell
California ex rel. California Department of Toxic Substances Control v. Campbell
Opinion
Lead Opinion
Pregerson, J.
This case arises from California’s attempts to prompt the Defendants to clean up contamination caused by almost two decades of dumping hazardous chemicals onto the ground. 1 We must decide whether the Eleventh Amendment immunizes one of the defendants, Western Resources, from being sued in federal court-because Western Resources is a receiver appointed by a Connecticut state court. We hold that the Eleventh Amendment does not immunize a receiver who is sued solely in its representative capacity. 2 We therefore affirm.
' L
Victor Muscat owned. Victor Industries, a manufacturing plant where workers disposed of hazardous chemicals by dumping them on the ground. After Muscat' died, the State of California filed a complaint in federal court against the executors of Muscat’s estate and the trustees of his testamentary trusts. The complaint, which asserted both federal and state law claims, sought to clean up the contamination and recover the money that California had spent responding to the contamination.
About two years after California filed its complaint in federal court, the Connecticut Superior Court, which had jurisdiction over Muscat’s estate and trusts, removed the trustees…