11th Amendment Violation

By: Derek Hawkins//June 12, 2019//

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United States Supreme Court

Case Name: Franchise Tax Board of California v. Gilbert P. Hyatt

Case No.: 17-1299

Focus: 11^th Amendment Violation

This case, now before us for the third time, requires us to decide whether the Constitution permits a State to be sued by a private party without its consent in the courts of a different State. We hold that it does not and overrule our decision to the contrary in Nevada v. Hall, 440 U. S. 410 (1979).

Reversed and remanded

Dissenting: BREYER, J., filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ. joined.

Concurring:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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