Franchise Tax Bd. Vs. Hyatt

• Court: Nevada Supreme Court
• Decided: August 5, 2019
• Docket: 53264
• Status: Published

Opinion

IN THE SUPREME COURT OF 'FHE STATE OF NEVADA

FRANCHISE TAX BOARD OF THE No. 53264 STATE OF CALIFORNIA, Appellant/Cross-Respondent, vs. GILBERT P. HYATT, FILED Re_s_p9ndent/Cross-Apkellant. AUG 0 5 2019 BROWN CLE Rr BY DEPUTY CLERK

ORDER OF REMAND

This case comes to us on remand from the United States Supreme Court. In Franchise Tax Bd. of California u. Hyatt, 587 U.S. , 139 S. Ct. 1485, 1499 (2019), the Court: concluded that states retain sovereign immunity from private suits in other courts, overruling Nevada u. Hall, 440 U.S. 410 (1979), and reversed our December 26, 2017, opinion affirming in part and reversing in part the district court's judgment in favor of respondent/cross-appellant Gilbert Hyatt. Therefore, we remand this matter to the district court with instructions that the court vacate its judgment in favor of Hyatt and take any further necessary action consistent

SUPREME COURT OF NEVADA arritt (0) I947A Age. with this order and Hyatt, 587 U.S. 139 S. Ct. 1485. Accordingly, we

ORDER this matter REMANDED to the district court for proceedings consistent with this order.

/4Aeift,4-1 Pickering Hardesty

Al4G4,0 J. Parraguirre Stiglich

, J. Silver

cc: Hon. Linda Bell, Chief Judge Eighth Judicial District Court, Dept. 10 Mc.Donald Carano 'LLP/Reno Lewis Roca Rothgerber Christie LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

03) 1947A 2