User:MrClog/sandbox3

Legal background

The meaning of sovereign immunity in the United States is contested.

Nevada v. Hall

The U.S. Supreme Court had previously ruled in a similar case, the 1979 case Nevada v. Hall.

Hall and others were severely injured after their car collided with a car driven by a University of Nevada employee on a California highway. Hall and others went on to sue the State of Nevada for damages. While a California trial court originally ruled that Nevada was not amenable to suits in California courts, the Supreme Court of California overruled this decision. Then, Nevada was unsuccessful in their attempt to invoke a Nevada statue limiting the liability of its state agencies to $25,000 per tort on the basis of the Full Faith and Credit Clause. Hall and others were awarded $1,150,000 and this judgement was affirmed on appeal. Nevada was denied review by the Supreme Court of California, after which they filed a petition for a writ of certiorari from the U.S. Supreme Court.

In 1979, the Supreme Court issued a 6–3 decision in Nevada v. Hall, which held that the Constitution does not grant states sovereign immunity from private suits against them in the courts of other states.

References

Literature

• Jackson, Vicki (2003). "Suing the Federal Government: Sovereignty, Immunity, and Judicial Independence". The George Washington International Law Review. 35: 521–609. ISSN 1534-9977. LCCN 2009236994. OCLC 1124187031. Retrieved 2 April 2020 – via Georgetown Law Faculty Publications and Other Works.