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Nevada Department of Wildlife v. Mark E. Smith

Paid petition · Court of Appeal of California, Third Appellate District, No. C086233 · judgment January 11, 2018

GVR'd · May 20, 2019

Pre-decision estimate: 8% cert probability (95% interval 4%–14%)

Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a petition filed soon after the judgment below, and a petition citing three to ten dissents.

Question presented

Whether Nevada v. Hall, 440 U.S. 410 (1979), which permits a sovereign State to be sued in another State’s courts without its consent, should be overruled.

Counsel of record

For petitioner
Jeffrey Morgan Conner
Attorney General of the State of Nevada

For respondent
Stephanie Rae Rice
Winter Street Law Group

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Amicus briefs
1 cert-stage

Order
Order list, May 20, 2019

Proceedings

Jun 21 2019
MANDATE ISSUED.
Jun 21 2019
JUDGMENT ISSUED.
May 20 2019
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Franchise Tax Bd. of Cal. v. Hyatt, 587 U. S. ___ (2019).
May 13 2019
DISTRIBUTED for Conference of 5/16/2019.
Jun 27 2018
DISTRIBUTED for Conference of 6/27/2018.
Jun 07 2018
Reply of petitioner Nevada Department of Wildlife filed. (Distributed)
Jun 05 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 01 2018
Brief of respondent Mark E. Smith in opposition filed.
May 30 2018
Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
May 03 2018
Response Requested. (Due June 4, 2018)
May 01 2018
DISTRIBUTED for Conference of 5/17/2018.
Apr 25 2018
Brief amici curiae of State of Indiana and 42 other States filed.
Apr 25 2018
Waiver of right of respondent Mark E. Smith to respond filed.
Mar 21 2018
Petition for a writ of certiorari filed. (Response due April 25, 2018)