Monday, April 28, 2003

S.Ct.'s Hyatt decision and the struggle over assets of ROA

Reading over the Supreme Court's decision in Franchise Tax Board of California v. Hyatt, I wondered whether someone in Tennessee will be inspired by this decision to sue the Virginia receivers of the Reciprocal of America insurance company in Tennessee.

In Hyatt, the Court held that Nevada was not required to recognize the immunity of California's tax board under California law, with regard to alleged torts committed against a Nevada resident.

Virginia law is fairly conservative on sovereign immunity, it does have a limited tort claims act for claims against the Commonwealth, but my impression is that the same immunity is not so broad in Tennessee. The TN receivers of ANLIR are claiming before the State Corporation Commission that the Virginia receivers are dissipating funds that belong to the ANLIR receivership, as stated here.

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