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Franchise Tax Board of California v. Gilbert P. Hyatt

Paid petition · Supreme Court of Nevada, No. 53264 · judgment December 26, 2017

Decided · May 13, 2019
Pre-decision estimate: 9% cert probability (95% interval 5%–16%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a state or local-government petitioner, and a petition filed soon after the judgment below.

Question presented

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.

Counsel of record

For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP

For respondent
Erwin Chemerinsky

Case

Conference history
Distributed for 3 conferences

Amicus briefs
2 cert-stage · 7 merits
(6 supporting pet./neither, 1 respondent)

Argument & decision

Argued January 9, 2019 — Seth P. Waxman · Erwin Chemerinsky. Audio and transcript

Decided May 13, 2019. Opinion by Thomas.

Proceedings

  1. Jun 17 2019
    JUDGMENT ISSUED.
  2. Jun 17 2019
    MANDATE ISSUED.
  3. May 13 2019
    Judgment 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.
  4. Jan 09 2019
    Argued. For petitioner: Seth P. Waxman, Washington, D. C. For respondent: Erwin Chemerinsky, Berkeley, Cal.
  5. Dec 27 2018
    The record from the Supreme Court of Nevada and from the Eight Judicial Dist. Court is electronic and complete.
  6. Dec 27 2018
    Record received from the Supreme Court of Nevada, one box (some SEALED documents).
  7. Dec 14 2018
    Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed)
  8. Dec 11 2018
    Record requested from the Supreme Court of Nevada.
  9. Nov 30 2018
    CIRCULATED
  10. Nov 28 2018
    SET FOR ARGUMENT ON Wednesday, January 9, 2019
  11. Nov 21 2018
    Brief amici curiae of Professors of Federal Jurisdiction filed.
  12. Nov 15 2018
    Brief of respondent Gilbert P. Hyatt filed.
  13. Oct 26 2018
    Withdrawal of amicus curiae brief of James C. Giudici. Letter of James C. Giudici received October 30, 2018.
  14. Sep 18 2018
    Brief amici curiae of Law Professors filed.
  15. Sep 18 2018
    Brief amici curiae of Multistate Tax Commission, et al. filed.
  16. Sep 18 2018
    Brief amici curiae of Professors William Baude and Stephen E. Sachs in support of neither party filed.
  17. Sep 18 2018
    Brief amici curiae of Alan B. Morrison & Darien Shanske in support of neither party filed.
  18. Sep 18 2018
    Brief amici curiae of State of Indiana and 43 other States filed.
  19. Sep 18 2018
    Brief amicus curiae of James C. Giudici in support of neither party filed.
  20. Sep 11 2018
    Brief of petitioner Franchise Tax Board of the State of California filed.
  21. Sep 07 2018
    Blanket Consent filed by Respondent, Gilbert P. Hyatt.
  22. Sep 06 2018
    Blanket Consent filed by Petitioner, Franchise Tax Board of the State of California.
  23. Aug 24 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  24. Aug 01 2018
    Motion 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.
  25. Jul 18 2018
    Motion for an extension of time to file the opening briefs on the merits filed.
  26. Jul 03 2018
    Motion to dispense with printing the joint appendix filed by petitioner Franchise Tax Board of the State of California.
  27. Jun 28 2018
    Petition GRANTED.
  28. Jun 27 2018
    DISTRIBUTED for Conference of 6/27/2018.
  29. Jun 06 2018
    Reply of petitioner Franchise Tax Board of the State of California filed. (Distributed)
  30. Jun 05 2018
    DISTRIBUTED for Conference of 6/21/2018.
  31. May 31 2018
    Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
  32. May 31 2018
    Brief of respondent Gilbert P. Hyatt in opposition filed.
  33. May 01 2018
    Response Requested. (Due May 31, 2018)
  34. Apr 24 2018
    DISTRIBUTED for Conference of 5/10/2018.
  35. Apr 13 2018
    Brief amici curiae of State of Indiana and 44 other States filed.
  36. Apr 13 2018
    Brief amicus curiae of Multistate Tax Commission filed.
  37. Apr 10 2018
    Letter of April 10, 2018 from counsel for petitioner received.
  38. Apr 09 2018
    Waiver of right of respondent Gilbert P. Hyatt to respond filed.
  39. Mar 12 2018
    Petition for a writ of certiorari filed. (Response due April 13, 2018)