Gilbert v. Town of Brookfield

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that history and cases at common law did not conflict with a holding that sovereign immunity attaches to third-party subpoenas
• holding that sovereign immunity attached to third-party subpoenas against state government officials
• noting that where state, federal or tribal sovereign immunity apply, “each provides the same ‘common-law immunity from suit traditionally enjoyed by sovereign powers”
• holding sovereign immunity barred subpoenas even against third-party judges because subpoenas are a “coercive judicial process” that “issue under the court’s authority and are enforced by court order”
• holding sovereign immunity barred subpoenas even against third-party judges because subpoenas are a “coercive judicial process” that “issue under the court’s authority and are enforced by court order”
• “Where sovereign immunity applies, it applies totally. Plaintiffs stop at the Rule 12(b)(1) stage and don’t get discovery. They don’t pass go.”

Source: CourtListener parenthetical corpus (CC0).