FEDERAL MARITIME COMMISSION V. SOUTH CAROLINA STATE PORTS AUTHORITY 535 U.S. 743 (2002) CASE BRIEF

FEDERAL MARITIME COMMISSION V. SOUTH CAROLINA STATE PORTS AUTHORITY
535 U.S. 743 (2002)
NATURE OF THE CASE: Commission (P) appealed a decision by the Appeals Court that held that P proceedings against South (D) were barred by state sovereign immunity.
FACTS: South Carolina Maritime Services, Inc. asked D for permission to berth a cruise ship. The passengers would be permitted to participate in gambling activities while on board. D repeatedly denied Maritime Services' requests because it had an established policy of denying berths in the Port of Charleston to vessels whose primary purpose was gambling. Maritime Services filed a complaint with P contending that D's refusal violated the Shipping Act. The complaint was referred to an administrative law judge and D filed a motion to dismiss, asserting that D was an arm of the State of South Carolina, was 'entitled to Eleventh Amendment immunity' from Maritime Services' suit. The ALJ agreed. While Maritime Services did not appeal but P on its own motion decided to review the ALJ's ruling to consider whether state sovereign immunity from private suits extends to proceedings before P. D filed a petition for review, and the Court of Appeals reversed. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment