Legal Opinion
South Carolina State Ports Authority v. Federal Maritime Commission
Court of Appeals for the Fourth Circuit
Decided March 12, 2001No. 00-1481PublishedCited by 5 opinions
1Opinion of the Court
Reversed and remanded with directions to dismiss by published opinion. Chief *167Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge HOWARD joined.
OPINION
WILKINSON, Chief Judge:
This case requires us to decide whether a state’s sovereign immunity protects it from being brought before a federal administrative tribunal by a private party. We hold that the state’s immunity prevents such a suit or proceeding.
South Carolina Maritime Services, Inc. (Maritime Services), a cruise ship company, filed a complaint with the Federal Maritime Commission (FMC) against the South Carolina State…
2Cases cited27 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Butz v. EconomouSupreme Court of the United States · 1978
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Hans v. LouisianaSupreme Court of the United States · 1890
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Montgomery v. MarylandCourt of Appeals for the Fourth Circuit · 2001
- Connecticut Department of Environmental Protection v. Occupational Safety & Health AdministrationDistrict Court, D. Connecticut · 2001
- Montgomery v. The State Of MarylandCourt of Appeals for the Fourth Circuit · 2001
- South Carolina State Ports Authority v. Federal Maritime CommissionCourt of Appeals for the Fourth Circuit · 2001
- Ellett v. Goldberg (In Re Ellett)United States Bankruptcy Court, E.D. California · 2003