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The U.S. Supreme Court The U.S. Supreme Court

On March 20, 2019, I published an article in these pages summarizing the issues raised in Franchise Tax Board of California v. Hyatt, 587 U.S. __ (2019) (Hyatt III), a case then pending before the Supreme Court. See “Immunity Boost? The Supreme Court Hears Argument (for the Third Time) Regarding Scope of State Sovereign Immunity.” On May 13, 2019, the Supreme Court issued a decision in Hyatt III that overturned Nevada v. Hall, 440 U.S. 410 (1979), which held that the Constitution does not provide a state immunity from suits in another state’s courts, and held that the California Franchise Tax Board (FTB) was immune from suit in Nevada.

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