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Sovereign Immunity: Public Sector Government
British Virgin Islands
International Arbitration Comparative Guide for the jurisdiction of British Virgin Islands, check out our comparative guides section to compare across multiple countries
United States
Porter Wright Morris & Arthur
In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined...
Proskauer Rose LLP
When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in...
Taft Stettinius & Hollister
In State v. United States, North Carolina sued to collect a punitive civil penalty assessed against the Marine Corps under the Clean Air Act for state air permit violations.
Riker Danzig Scherer Hyland & Perretti
The recently concluded Supreme Court term was an exciting one for environmental lawyers, as the Court in Guam v. United States made a rare foray into interpreting the Comprehensive Environmental Response...
Perkins Coie LLP
The First Appellate District held that tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe.
Snell & Wilmer
On June 7, 2021, the United States Supreme Court denied Seneca County's (New York) petition for certiorari
Jones Day
The plaintiffs in Jam asserted that the Tata Mundra power plant in Gujarat, India, caused substantial environmental harms. They sued not the plant's owner-operator but one of its lenders...
Alston & Bird
The U.S. Supreme Court held that natural gas companies holding a Section 717f(e) certificate have the power to condemn state-owned land under the Natural Gas Act.
Holland & Knight
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)...
Lewis Roca
On Tuesday, June 29, 2021, the U.S. Supreme Court voted 5-4 to reverse the Third Circuit and affirm that authorized natural gas pipeline developers have the ability to exercise federal eminent...
Akin Gump Strauss Hauer & Feld LLP
The U.S. Supreme Court held that all members of a certified class must demonstrate that they suffered a concrete harm—such as physical injury or monetary loss—to have Article III standing to recover damages in federal court.
Morrison & Foerster LLP
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally...
Troutman Pepper Hamilton Sanders
In late May, the Connecticut Supreme Court held[1] that the tribal lending entity Great Plains Lending (Great Plains) is protected by tribal sovereign immunity as an "arm of the tribe,"...
Riker Danzig Scherer Hyland & Perretti
In a case of first impression, the Connecticut Supreme Court recently held that that (1) an entity claiming "arm of the tribe" status for purposes of tribal sovereign immunity bears the burden of proving entitlement to that status;
Lewis Brisbois Bisgaard & Smith LLP
Hartford, Conn. (May 26, 2021) - Section 13a-149 of the Connecticut General Statutes, commonly known as Connecticut's highway defect statute...
Arnold & Porter
Congress passed Title III of the Helms-Burton Act in 1996 to scare investors away from Cuba by allowing US nationals to sue any persons or entities who "traffic" in property confiscated by the Castro regime.
Steptoe & Johnson LLP
First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month we share an update on a first-of-its-kind lawsuit brought...
Cadwalader, Wickersham & Taft LLP
The CFTC declined to authorize compliance with a subpoena for documents issued by an OCC administrative law judge ("ALJ") after a finding that the subpoena was invalid and otherwise objectionable.
Kelley Drye & Warren LLP
On May 24, 2021, Justice Clarence Thomas delivered a unanimous decision for the Supreme Court of the United States in the case of Territory of Guam v The United States, brought on behalf of Guam...
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