Seven Up Pete Venture v. Schweitzer

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 claim for damages for the unconstitutional denial of just compensation under the Fifth Amendment cannot qualify as available pro- spective relief under Ex parte Young, and is therefore barred by the Eleventh Amendment
• “[E]very court of appeals to have faced this question has ... held that the Eleventh Amendment bars Fifth Amendment reverse condemnation claims brought in federal district court.”
• “[W]e conclude that the constitutionally grounded self-executing nature of the Takings Clause does not alter the conventional application of the Eleventh Amendment’
• alteration in the original and quoting Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71(1989)
• “The Venture does not contend that the Montana state courts have failed to provide adequate procedures to adjudicate its just compensation claim.”
• “[T]he State may be sued in its own courts (but not in 7 federal court) for damages arising from violation of a self-executing constitutional 8 clause.”

Source: CourtListener parenthetical corpus (CC0).