Sufficiency of Evidence

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United States Supreme Court

Case Name: Florida v. Georgia

Case No.: 142

Focus: Sufficiency of Evidence

This case concerns the proper apportionment of the water of an interstate river basin. Florida, a downstream State, brought this lawsuit against Georgia, an upstream State, claiming that Georgia has denied it an equitable share of the basin’s waters. We found that the dispute lies within our original jurisdiction, and we appointed a Special Master to take evidence and make recommendations. After lengthy evidentiary proceedings, the Special Master submitted a report in which he recommends that the Court deny Florida’s request for relief on the ground that “Florida has not proven by clear and convincing evidence that its injury can be redressed by an order equitably apportioning the waters of the Basin.” Report of Special Master. The case is before us on Florida’s exceptions to the Special Master’s Report.

In light of our examination of the Report and relevant portions of the record, we remand the case to the Master for further findings and such further proceedings as the Master believes helpful.

Remanded

Dissenting: THOMAS, J., filed a dissenting opinion, in which ALITO, KAGAN, and GORSUCH, JJ., joined.

Concurring:

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.