Briefly Mentioned :

Briefly Noted :

On Monday, the Supreme Court released additional orders from the October 18 conference. The justices did not add any new cases to their merits docket.

Franchise Tax Board of California v. Hyatt

Docket No. Op. Below Argument Opinion Vote Author Term
17-1299 Nev. Jan 9, 2019
Tr.Aud.
May 13, 2019 5-4 Thomas OT 2018

Holding: Nevada v. Hall is overruled; states retain their sovereign immunity from private suits brought in courts of other states.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Thomas on May 13, 2019. Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 12 2018Petition for a writ of certiorari filed. (Response due April 13, 2018)
Apr 09 2018Waiver of right of respondent Gilbert P. Hyatt to respond filed.
Apr 10 2018Letter of April 10, 2018 from counsel for petitioner received.
Apr 13 2018Brief amici curiae of State of Indiana and 44 other States filed.
Apr 13 2018Brief amicus curiae of Multistate Tax Commission filed.
Apr 24 2018DISTRIBUTED for Conference of 5/10/2018.
May 01 2018Response Requested. (Due May 31, 2018)
May 31 2018Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
May 31 2018Brief of respondent Gilbert P. Hyatt in opposition filed.
Jun 05 2018DISTRIBUTED for Conference of 6/21/2018.
Jun 06 2018Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed)
Jun 27 2018DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018Petition GRANTED.
Jul 03 2018Motion to dispense with printing the joint appendix filed by petitioner Franchise Tax Board of the State of California.
Jul 18 2018Motion for an extension of time to file the opening briefs on the merits filed.
Aug 01 2018Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2018. The time to file respondent's brief on the merits is extended to and including November 15, 2018.
Aug 24 2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 06 2018Blanket Consent filed by Petitioner, Franchise Tax Board of the State of California.
Sep 07 2018Blanket Consent filed by Respondent, Gilbert P. Hyatt.
Sep 11 2018Brief of petitioner Franchise Tax Board of the State of California filed.
Sep 18 2018Brief amici curiae of Law Professors filed.
Sep 18 2018Brief amici curiae of Multistate Tax Commission, et al. filed.
Sep 18 2018Brief amici curiae of Professors William Baude and Stephen E. Sachs in support of neither party filed.
Sep 18 2018Brief amici curiae of Alan B. Morrison & Darien Shanske in support of neither party filed.
Sep 18 2018Brief amici curiae of State of Indiana and 43 other States filed.
Sep 18 2018Brief amicus curiae of James C. Giudici in support of neither party filed.
Oct 26 2018Withdrawal of amicus curiae brief of James C. Giudici. Letter of James C. Giudici received October 30, 2018.
Nov 15 2018Brief of respondent Gilbert P. Hyatt filed.
Nov 21 2018Brief amici curiae of Professors of Federal Jurisdiction filed.
Nov 28 2018SET FOR ARGUMENT ON Wednesday, January 9, 2019
Nov 30 2018CIRCULATED
Dec 11 2018Record requested from the Supreme Court of Nevada.
Dec 14 2018Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed)
Dec 27 2018The record from the Supreme Court of Nevada and from the Eight Judicial Dist. Court is electronic and complete.
Dec 27 2018Record received from the Supreme Court of Nevada, one box (some SEALED documents).
Jan 09 2019Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Erwin Chemerinsky, Berkeley, Cal.
May 13 2019Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, and Kavanaugh, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Jun 17 2019JUDGMENT ISSUED.
Jun 17 2019MANDATE ISSUED.
 
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