16 Analyses of this case by attorneys

  1. Franchise Tax Board of California v. Hyatt: Questions of Reciprocal Sovereign Immunity – and the Continued Force of Nevada v. Hall, by Jeffrey W. Stempel (Part I)

    Hamilton and Griffin on RightsJeffrey StempelDecember 28, 2015

    See 335 P.3d at 153. The Tax Board sought certiorari, which was granted as to the following questions:Whether Nevada may refuse to extend to sister States haled into Nevada courts the same immunities Nevada enjoys in those courts.Whether Nevada v. Hall, 440 U.S. 410 (1979), which permits a sovereign State to be haled into the courts of another State without its consent, should be overruled.Nevada v. Hall Under AttackIronically (as noted by Justice Ginsburg during oral argument), Nevada v. Hall involved California’s own rejection of Nevada’s immunity. The case involved a badly injured California minor and his less injured mother suing Nevada in California state court after being negligently hit by a State of Nevada employee driving in California.

  2. Nevada v. Hall – and California — Dodge Bullets: The Supreme Court Rules that the Full Faith and Credit Clause Requires a Regime of Sovereign Immunity Symmetry Between the States in Franchise Tax Board of California v. Hyatt, by Jeffrey W. Stempel

    Hamilton and Griffin on RightsApril 27, 2016

    035(1)(statutory maximum of $50,000 prior to 2007; $100,000 currently). The Board also argue for the overruling of Nevada v. Hall, 440 U.S. 410 (1979), which permits a sovereign State to be haled into the courts of another State without its consent.Nevada v. Hall Survives — BarelyRegarding Hall, the Court was “equally divided on this question” and “consequently affirm[s] the Nevada courts’ exercise of jurisdiction over California.” See id.

  3. Supreme Court Decides Franchise Tax Board of California v. Hyatt

    Faegre Baker DanielsCharles WebberMay 15, 2019

    On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts. In Nevada v. Hall, 440 U.S. 410 (1979), the Court held that a state may open its courts to a private citizen’s suit against another state without that state’s consent. Relying on Hall, Hyatt, a Nevada citizen, sued the Franchise Tax Board of California (a state agency) in Nevada state court.

  4. Stare Decisis Strikes Out At The Supreme Court

    Allen MatkinsMay 14, 2019

    v. Hyatt,136 S. Ct. 1277 (2016). In the third decision, the Supreme Court overturnedNevada v. Hall,440 U. S. 410 (1979) in which it had heldthe United States Constitution does not bar private suits against a state in the courts of another state.Court watchers are likely to take especial note of this decision insofar as it reflects that majority's willingness to set aside the principle ofstare decisis.Writing for the majority, Justice Thomas said "Stare decisisdoes not compel continued adherence to this erroneous precedent". In support, he cited the following four factors:the quality of the decision’s reasoning;its consistency with related decisions;legal developments since the decision;and reliance on the decision.He was joined by the four other justices who are commonly described as conservative (Roberts, Alito, Gorsuch and Kavanaugh).

  5. Stare Decisis Strikes Out At The Supreme Court

    Allen Matkins Leck Gamble Mallory & Natsis LLPKeith Paul BishopMay 14, 2019

    v. Hyatt, 136 S. Ct. 1277 (2016). In the third decision, the Supreme Court overturned Nevada v. Hall, 440 U. S. 410 (1979) in which it had held the United States Constitution does not bar private suits against a state in the courts of another state. Franchise Tax Bd.

  6. The Supreme Court - May 13, 2019

    Dorsey & Whitney LLPTimothy DroskeMay 14, 2019

    The Court previously granted review of this case twice, first holding that under the Full Faith and Credit Clause Nevada could apply its own immunity law to the case rather than California’s, and the second time holding that the Full Faith and Credit Clause also required the Nevada court to grant the Board the same immunity Nevada agencies enjoy, including a cap on damages. This third time, the Court granted review to decide whether Nevada v. Hall, 440 U.S. 410 (1979) – which held that the Constitution does not bar private suits against a State in the courts of another State – should be overruled. The Court today, in a 5-4 decision, found that Hall is contrary to the Constitution’s design and the understanding of sovereign immunity shared by the States that ratified the Constitution, and that stare decisis did not compel continued adherence to that decision.

  7. 'Hyatt 3' Oral Argument And Potential State Tax Implications

    Kilpatrick Townsend & Stockton LLPApril 22, 2019

    [8]42:15-18. [9]Nevada v. Hall , 440 U.S. 410, 426 (1979). [10]40:9-16.

  8. The Supreme Court - June 28, 2018

    Dorsey & Whitney LLPTimothy DroskeJune 29, 2018

    cht, No. 17-290: Whether a state-law failure-to-warn claim is preempted when the FDA rejected the drug manufacturer’s proposal to warn about the risk after being provided with the relevant scientific data; or whether such a case must go to a jury for conjecture as to why the FDA rejected the proposed warning.Herrera v. Wyoming, No. 17-532: Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.Gamble v. United States, No. 17-646: Whether the Court should overrule the “separate sovereigns” exception to the Double Jeopardy Clause.Nieves v. Bartlett, No. 17-1174: Whether probable cause defeats a First Amendment retaliatory-arrest claim under 42 U.S.C. § 1983.Franchise Tax Board of California v. Hyatt, No. 17-1299: Whether Nevada v. Hall, 440 U.S. 410 (1979), which permits a sovereign State to be haled into another State’s courts without its consent, should be overruled.

  9. Supreme Court Update: Harris V. Arizona Independent Redistricting Commission (14-232), Franchise Tax Board Of California V. Hyatt) 14-1175, Welch V. United States (15-6418), Molina-Martinez V. United States (14-8913) And Hughes V. Talen Energy Marketing, LLC (14-614)

    Wiggin and Dana LLPTadhg DooleyApril 26, 2016

    The Supreme Court vacated and remanded. The Court divided 4-4 on whether Nevada courts had jurisdiction over California under Nevada v. Hall, 440 U.S. 410 (1979), which held that one state can "open the doors of its courts to a private citizen's lawsuit against another State" without that state's consent. This leaves the door open for the Court to revisit the issue if/when a ninth Justice is appointed.

  10. The Supreme Court - April 2016 #3

    Dorsey & Whitney LLPTimothy DroskeApril 21, 2016

    The Nevada Supreme Court set aside much of the damages, but affirmed $1 million of the award, and in remanding for a retrial on certain other damages, stated that those damages were not subject to the statutory cap of $50,000 that Nevada statutes imposed upon a similar suit against its own officials. The Board petitioned the Court, seeking 1) that Nevada v. Hall, 440 U.S. 410 (1979) be overruled, which held that one State can open its courts to a private citizen’s lawsuit against another State without the other State’s consent; and 2) that the decision be reversed as improperly awarding private citizens greater damages than Nevada law would permit a private citizen to obtain against Nevada’s own agencies. Today, the Court vacated and remanded, affirming Nevada’s exercise of jurisdiction over California because the Court was equally divided on that question, but holding that Nevada’s application of its damages law in this case reflected a special, and constitutionally forbidden, policy of hostility to the public Acts’ of a sister State, in violation of the Constitution’s Full Faith and Credit Clause.