Marchio v. United States

How courts have described this case

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

• holding that a state law defining a community development authority as “body corpo- rate operating as a state instrumentality” indicated that it had “its own independent corporate identity”
• noting that immunity may not apply if the entity “is organized or managed in such a way that it does not qualify as an arm of the state”
• deciding the defendant was not an arm of the state with reference to Wyoming statutes and case law
• noting that “[a] decision may be reversed on other grounds, but a decision that has been vacated has no precedential authority whatsoever”
• acknowledging that the governor and state treasurer serve on the entity’s board but still denying immunity
• explaining that agencies that are arms of the state are entitled to the same immunity from suit as the state because “‘the state is the real, substantial party in interest’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).