FRANCHISE TAX BD. OF CALIFORNIA v. HYATT, 587 U.S. ___ (2019)

Issues: Eleventh Amendment, Sovereign Immunity

139 S.Ct. 1485 (2019) 587 U.S. ___. FRANCHISE TAX BOARD OF CALIFORNIA, Petitioner v. Gilbert P. HYATT Supreme Court of United States. No. 17-1299. Argued January 9, 2019. Decided May 13, 2019. Syllabus Respondent Hyatt sued petitioner Franchise Tax Board of California (Board) in Nevada state court for alleged torts committed during a tax audit. […]

Read More

THACKER v. TENNESSEE VALLEY AUTHORITY, 587 U.S. ___ (2019)

Issues: Eleventh Amendment, Federal Torts Claims Act (FTCA), Sovereign Immunity

139 S.Ct. 1435 (2019) 587 U.S. ___. Gary THACKER, et ux., Petitioners, v. TENNESSEE VALLEY AUTHORITY. No. 17-1201.Supreme Court of United States. Argued January 14, 2019.Decided April 29, 2019. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. Counsel: Franklin Taylor Rouse, Huntsville, AL, for Petitioners. Ann O’Connell Adams, […]

Read More

CHISHOLM v. GEORGIA, 2 U.S. 2 Dall. 419 419 (1793)

Issues: Eleventh Amendment

U.S. Supreme Court 2 U.S. 2 Dall. 419 (1793) Chisholm v. Georgia Page 2 U. S. 429 Iredell, Justice. This great cause comes before the Court on a motion made by the Attorney General that an order be made by this Court to the following effect: “That, unless the State of Georgia shall, after reasonable […]

Read More

PARDEN v. TERMINAL R. CO., 377 U.S. 184 (1964)

Issues: Eleventh Amendment, Sovereign Immunity

84 S.Ct. 1207 PARDEN ET AL. v. TERMINAL RAILWAY OF THE ALABAMA STATE DOCKS DEPARTMENT ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 157. Argued February 26-27, 1964. Decided May 18, 1964. Operation of a common carrier railroad in interstate commerce by a State constituted a waiver of […]

Read More

HANS v. LOUISIANA, 134 U.S. 1 (1890)

Issues: Eleventh Amendment

10 S.Ct. 504 HANS v. LOUISIANA. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. No. 4. Argued and submitted January 22, 1890. Decided March 3, 1890. A State cannot, without its consent, be sued in a Circuit Court of the United States by one of its own citizens, […]

Read More

TENNESSEE STUDENT ASSISTANCE CORPORATION v. HOOD, 541 U.S. 440 (2004)

Issues: Bankruptcy Law, Constitutional Law, Eleventh Amendment

124 S.Ct. 1905 TENNESSEE STUDENT ASSISTANCE CORPORATION v. HOOD. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. No. 02-1606. Argued March 1, 2004. Decided May 17, 2004. Headnotes: CONSTITUTIONAL LAW — State’s Immunity from Suit. Student Loan Debt — Discharge in Bankruptcy. Because a bankruptcy court’s discharge of a student loan […]

Read More

ATASCADERO STATE HOSP. v. SCANLON, 473 U.S. 234 (1985)

Issues: Eleventh Amendment, Sovereign Immunity

473 U.S. 234 473 U.S. 234 105 S.Ct. 3142 87 L.Ed.2d 171 ATASCADERO STATE HOSPITAL and California Department of Mental Health, Petitionersv.Douglas James SCANLON. No. 84-351. Argued March 25, 1985. Decided June 28, 1985. Rehearing Denied Aug. 28, 1985. See 473 U.S. 926, 106 S.Ct. 18. Syllabus Respondent, who suffers from diabetes and has no […]

Read More