Thiokol Corporation v. Department Of Treasury
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
In Chase Manhattan Bank v. City of San Francisco, the Ninth Circuit expressly refused to follow Thiokol's conclusion that the Tax Injunction Act permitted a federal declaration of ERISA preemption. This one confirmed treatment is listed below. Other citing opinions applied Thiokol's sovereign immunity rules or distinguished different relief without rejecting its holdings.
225 later cases cite Thiokol Corporation v. Department Of Treasury; 116 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Thiokol Corporation v. Department Of Treasury?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Declined to follow
-
The Ninth Circuit refused to follow Thiokol's ruling that the Tax Injunction Act allowed a federal action for a declaration of ERISA preemption.
Chase Manhattan Bank, N.A. v. City of San Francisco · Ninth Circuit · filed
Chase nevertheless asks us to follow the holdings of the Fifth and Sixth Circuits in Thiokol and E-Systems to the extent that they concluded that the TIA did not preclude an action for a declaration of preemption in federal court. We decline to do so, for those cases rest on reasoning which is in conflict with the law of this circuit.
Read the full opinion on CourtListener →
Does this case still carry your argument?
Describe your facts. Ezel reads Thiokol Corporation v. Department Of Treasury and the cases that treated it, then tells you whether it still holds for your situation, with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace