the Commonwealth waived its Eleventh Amendment immunity through the actions of its alter ego, CDC, in pursuing counterclaims against MD in federal court presents a difficult Eleventh Amendment issue: does a state voluntarily waive its Elevehth Amendment protection against suit in federal court when its alter ego invokes the jurisdiction of the federal court through counterclaims and cross-claims? Futura presents a more than colorable claim that in this case, the actions of CDC in the original action (in invoking the jurisdiction of the court by filing its counterclaims against both USI and MD and the like) were sufficient to provide consent to suit in federal court on the part of the Commonwealth. See Gunter v. Atlantic Coast Line R. Co., 200 U.S. 273, 26 S.Ct. 252, 50 L.Ed. 477 (1906) (<HOLDING>); cf. College Savings Bank v. Florida Prepaid
holding that south carolina waived eleventh amendment immunity where county treasurers empowered to act on behalf of the state litigated state claims in federal court represented by the state attorney general holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court holding an exception to eleventh amendment immunity inapplicable in a suit against state officials on the basis of state law holding that state could not assert sovereign immunity defense where the state had waived immunity in state court and agreed to remove suit to federal court holding that state did not waive eleventh amendment immunity by removing case to federal court