Nevada v. Hall
Nevada v. Hall, 440 U.S. 410 (1979), was a United States Supreme Court case that ruled that U.S. states lack sovereign immunity from private lawsuits filed against them in the courts of another state. The majority opinion held that "nothing in the Constitution authorizes or obligates" states to grant sister states immunity in court.[1] States may grant sister states immunity if they choose. This decision was overturned by the 2019 case Franchise Tax Board of California v. Hyatt.[2]
| Nevada v. Hall | |
|---|---|
 | |
| Argued November 7, 1978 Decided March 5, 1979 | |
| Full case name | Nevada et al. v. Hall et al. |
| Docket no. | 77-1337 |
| Citations | 440 U.S. 410 (more) 99 S. Ct. 1182 |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Decision | Opinion |
| Case history | |
| Prior | Hall v. Univ. of Nevada, 74 Cal. App. 3d 280, 141 Cal. Rptr. 439 (Ct. App. 1977); cert. granted, 436 U.S. 925 (1978). |
| Subsequent | Rehearing denied, 441 U.S. 917 (1979). |
| Holding | |
| States have no sovereign immunity from suits against them in courts of other states. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stevens, joined by Brennan, Stewart, White, Marshall, Powell |
| Dissent | Blackmun, joined by Burger, Rehnquist |
| Dissent | Rehnquist, joined by Burger |
Overruled by | |
| Franchise Tax Board of California v. Hyatt (2019) | |
See also
- List of United States Supreme Court cases, volume 440
- Hollingsworth v. Virginia, a decision which held that the Eleventh Amendment is retroactive.
- Hans v. Louisiana, a decision which re-affirmed state immunity in federal courts.
References
- Stewart, Margaret G. (1980). "The State as an Unwilling Defendant: Reflections on Nevada v. Hall". Nebraska Law Review. 59: 246–278.
Further reading
- Gutoff, Jonathan M. (2017). "Franchise Tax Board of California v. Hyatt: A Split Court, Full Faith and Credit, and Federal Common Law". Roger Williams University Law Review. 22: 248.
- Baude, William (March 2017). "Sovereign Immunity and the Constitutional Text". Virginia Law Review. 103: 1.
- Borchers, Patrick J. (2016). "Is the Supreme Court Really Going to Regulate Choice of Law Involving States". Creighton Law Review. 50: 7.
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