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Franchise Tax Board of California v. Hyatt

Docket No. Op. Below Argument Opinion Vote Author Term
14-1175 Nev. Dec 7, 2015 Apr 19, 2016 6-2 Breyer OT 2015

Holding: (1) The Court is equally divided on the question whether Nevada v. Hall should be overruled and thus affirms the Nevada courts' exercise of jurisdiction over California's state agency; and (2) the Constitution does not permit Nevada to apply a rule of Nevada law that awards damages against California that are greater than it could award Nevada in similar circumstances.

Judgment: Vacated and remanded, 6-2, in an opinion by Justice Breyer on April 19, 2016. Justice Alito concurred in the judgment. Chief Justice Roberts filed a dissenting opinion, in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 9 2015Application (14A745) to extend the time to file a petition for a writ of certiorari from February 23, 2015 to March 23, 2015, submitted to Justice Kennedy.
Jan 13 2015Application (14A745) granted by Justice Kennedy extending the time to file until March 23, 2015.
Mar 23 2015Petition for a writ of certiorari filed. (Response due April 24, 2015)
Apr 9 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Apr 10 2015Order extending time to file response to petition to and including May 26, 2015.
Apr 21 2015Brief amicus curiae of Multistate Tax Commission filed.
Apr 24 2015Brief amicus curiae of The International Municipal Lawyers Association filed.
Apr 24 2015Brief amici curiae of West Virginia, and 39 Other States filed.
May 26 2015Brief of respondent Gilbert P. Hyatt in opposition filed.
Jun 8 2015Reply of petitioner Franchise Tax Board of California filed.
Jun 9 2015DISTRIBUTED for Conference of June 25, 2015.
Jun 25 2015DISTRIBUTED for Conference of June 29, 2015.
Jun 30 2015Petition GRANTED limited to Questions 2 and 3 presented by the petition.
Jul 20 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 3, 2015.
Jul 20 2015The time to file respondent's brief on the merits is extended to and including October 23, 2015.
Jul 21 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 28 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Sep 3 2015Brief of petitioner Franchise Tax Board of California filed.
Sep 3 2015Joint appendix filed. (Statement of costs filed)
Sep 10 2015Brief amici curiae of Council of State Governments, et al. filed.
Sep 10 2015Brief amicus curiae of South Carolina State Ports Authority filed.
Sep 10 2015Brief amicus curiae of Multistate Tax Commission filed.
Sep 10 2015Brief amici curiae of West Virginia and 43 Other States filed.
Oct 9 2015SET FOR ARGUMNET on Monday, December 7, 2015
Oct 19 2015Record requested from the Supreme Court of Nevada.
Oct 23 2015Brief of respondent Gilbert P. Hyatt filed.
Oct 27 2015CIRCULATED
Oct 30 2015Brief amici curiae of Professors of Federal Jurisdiction filed. (Distributed)
Nov 5 2015Record received from the Supreme Court of Nevada is electronic and located on the Supreme Court of Nevada website. One box from the Supreme Court of Nevada was also received containing hard copies and CD's of the appendices.
Nov 23 2015Reply of petitioner Franchise Tax Board of California filed. (Distributed)
Dec 7 2015Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent: H. Bartow Farr, Washington, D. C.
Apr 19 2016Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Alito, J., concurred in the judgment. Roberts, C. J., filed a dissenting opinion, in which Thomas, J., joined.
May 23 2016MANDATE ISSUED
May 23 2016JUDGMENT ISSUED
Jul 18 2016Record from The Supreme Court of Nevada has been returned.