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Sovereign Immunity: Public Sector Government
Cayman Islands
McGrath Tonner
Enforcement of Foreign Judgments Comparative Guide for the jurisdiction of Cayman Islands, check out our comparative guides section to compare across multiple countries
India
S&A Law Offices
International Arbitration Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries
United States
Eckland & Blando
Suing the government poses unique hurdles that plaintiffs who sue private citizens do not have to overcome. If sovereign immunity does not bar their claims, then they must also avoid the ...
McDermott Will & Emery
After concluding that a trademark owner's case for failure to add a necessary party was untenable, the US Court of Appeals for the Fifth Circuit affirmed a district court's dismissal of the case...
McDermott Will & Emery
The US Court of Appeals for the Sixth Circuit affirmed a district court decision implementing a preliminary injunction and striking a new defense first asserted in an amended complaint...
Godfrey & Kahn S.C.
In Chicken Ranch Rancheria of Me-Wuk Indians v. California, 2022 WL 2978615 (9th Cir. 2022), five California tribes sued the State of California, contending that the State failed...
Morrison & Foerster LLP
This week, the Court addresses whether a court or an arbitrator must consider a sovereign immunity defense to arbitration, and applies the False Claims Act to a defendant's allegedly fraudulent...
Jones Day
Recognized Native American tribes generally have inherent authority to govern themselves without interference by federal or state governments.
Godfrey & Kahn S.C.
In Oklahoma v. Castro-Huerta, 2022 WL 2334307 (US 2022), the Supreme Court addressed the General Crimes Act, 18 U.S.C. 1152, which, "[e]xcept as otherwise expressly provided by law,"...
Dinsmore & Shohl
In a 5-4 decision, the United States Supreme Court held that states and their agencies cannot invoke sovereign immunity as a defense to claims of discrimination brought under the Uniformed...
Cadwalader, Wickersham & Taft LLP
We have recently been fielding a number of questions from our lender clients on the application of certain investor side letter provisions on the collateral package...
Godfrey & Kahn S.C.
In Oertwich v. Traditional Village of Togiak, 2022 WL 951272 (9th Cir. 2022), Oertwich, a non-Native, had lived in Togiak, an Alaskan Native Village (Tribe), for over thirty years and operated the Airport Inn there.
Freeman Law
On June 3, 2022, the Texas Supreme Court issued two important opinions on the topic of waiver of governmental immunity based on the doctrine of ultra vires.
Carter Ledyard & Milburn
Last March, a unanimous panel of the Fourth Circuit Court of Appeals held for Carter Ledyard client the Republic of France and dismissed a trademark infringement lawsuit brought by France.com, Inc.
Freeman Law
In the absence of a waiver or consent, state government entities and their employees generally enjoy immunity from liability while acting within the scope of their employment.
Seyfarth Shaw LLP
In recent weeks sanctions against Russia's central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act ("FSIA"), ...
Freeman Law
Under Texas law, school districts are generally immune from suit and liability unless the legislature expressly waives governmental immunity.
Kramer Levin Naftalis & Frankel LLP
On March 17, 2022, the New York State Court of Appeals issued a significant decision affecting RMBS putback litigation governed by New York law...
Freeman Law
Although often used interchangeably, the terms sovereign immunity and governmental immunity involve two distinct concepts. Sovereign immunity protects the State and divisions of state government ...
Morrison & Foerster LLP
This week, the Ninth Circuit takes a deep look at tribal sovereign immunity.
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