United States: Sovereign Immunity: Public Sector Government

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Supreme Court Stays District Court Order Vacating NIH Grant Terminations, But Leaves Guidance Vacatur Intact

On August 21, the Supreme Court, in National Institutes of Health v. American Public Health Association, granted the government's application for a stay of the district court's order vacating NIH's termination of various...

United States Litigation

CM

Crowell & Moring LLP

Whether Parties Agreed To Arbitrate Is Jurisdictional And Requires Independent Analysis By A U.S. Court In A Recognition Proceeding

In a precedential decision that will impact numerous recognition proceedings in the U.S., the United States Court of Appeals for the District of Columbia Circuit...

United States Litigation

FL

Foley & Lardner

U.S. Supreme Court Clarifies Personal Jurisdiction In Foreign Sovereign Immunities Act Arbitration Enforcement Cases

On 5 June 2025, the United States Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., resolving an important procedural question in award enforcement...

Worldwide Litigation

Aceris Law

U.S. Supreme Court To Weigh Sovereign Immunity Defense For "State-Created Entities" Sued In Foreign States

On July 3, 2025, New Jersey Transit (NJT) was granted a writ of certiorari to the United States Supreme Court regarding the issue of whether states...

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Forum TBD: 30 Days For Removal To Federal Court, NJ Transit Immunity From Lawsuits In NY And PA – Two Issues The U.S. Supreme Court Will Decide

United States Litigation

MV

Moore & Van Allen

Sovereign Immunity And Younger Abstention Doctrine Don't Protect States From Antidiscrimination Provisions

United States Insolvency

GG

Greenberg Glusker Fields Claman & Machtinger

Treatment Of Sovereign Immunity Under The Laws Of Hong Kong And Mainland China

Worldwide Litigation

SS

Seyfarth Shaw LLP

SCOTUS On Personal Jurisdiction Over Foreign Sovereigns, Solicitor General Input, And Big Case Updates

United States Commercial

SJ

Steptoe LLP

If The Shoe Doesn't Fit: Supreme Court Rejects "Minimum Contacts" For Personal Jurisdiction Under FSIA

United States Litigation

SM

Sheppard Mullin Richter & Hampton

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act In Action To Enforce An Arbitration Award

United States Litigation

MB

Mayer Brown

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs To Prove Minimum Contacts To Establish Personal Jurisdiction Over A Foreign State Defendant

Worldwide Litigation

W

WilmerHale

Importers Who Paid IEEPA Tariffs That Were Later Ruled Unlawful Seek Refunds

United States International

BC

Bryan Cave Leighton Paisner

More About Defining Parentheticals!!

United States Litigation

MH

Markowitz Herbold PC

U.S. Supreme Court Rules That Bankruptcy Code Provides Only Limited Abrogation Of Sovereign Immunity To Avoidance Actions

United States Insolvency

JD

Jones Day

ALERT: Key Tax Provisions Provided For In "One Big Beautiful Bill Act"

United States Employment

DP

Dilworth Paxson LLP

Workplace Violence: Why Employers Can't Afford To Ignore The Warning Signs

United States Employment

OK

Offit Kurman

Are Emotional Distress Damages In FEHA Settlements Taxable?

United States Litigation

J

JAMS

What Honeybees Have Taught Me About Dispute Resolution

United States Litigation

J

JAMS

AMTL's AICP Files Second Case Against TSMC, Its Advanced Memory Amends Against SK Hynix

United States IP

RC

RPX Corporation

In Newport News School Board V. Z.M. The Supreme Court Of Virginia Leaves No Doubt That Sovereign Immunity Is "Alive And Well" For School Boards Across The Commonwealth Of Virginia

In the 1960 case of Kellam v. School Board of the City of Norfolk, the Supreme Court of Virginia affirmatively held that school boards are protected from suit for tortious claims by the doctrine of sovereign immunity.

United States Litigation

PC

Pender & Coward

SEC Regulation In A Non-Regulatory Environment

With Paul Atkins as the new SEC Chair, the agency's priorities have shifted away from many of the aggressive policies of former Chair Gensler. The first four months of the Republican controlled SEC saw a dramatic shift...

United States Litigation

PR

Proskauer Rose LLP

TCPA Claim Defense Bites The Dust

A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act ("TCPA") claims.

United States Media & IT

KM

Klein Moynihan Turco LLP

Twenty-Year Legal Battle Over Nazi-Looted Pissarro Painting Continues

The Supreme Court has once again vacated the Ninth Circuit's decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, and remanded for further consideration...

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

New Helms-Burton Act Decisions

Worldwide Commercial

SJ

Steptoe LLP

Supreme Court Limits Trustee Avoidance Powers In U.S. v. Miller

United States Insolvency

NM

Nelson Mullins Riley & Scarborough LLP

Jaden Rashada's Claims Move Forward In Major NIL Litigation: Rashada v. Hathcock Et Al.

United States Criminal

DM

Duane Morris LLP

Check For NYC Reservations: Federal Court Of Australia Affirms India's Sovereign Immunity Against Recognition And Enforcement Of Non-ICSID Arbitral Award

Worldwide Litigation

SJ

Steptoe LLP

Supreme Court Limits Ability Of Bankruptcy Trustees To Pursue Fraudulent Conveyances Against The Government

United States Insolvency

TC

Thompson Coburn LLP

Year In Review And Developments To Watch In Foreign Sovereign Litigation In U.S. Courts

United States Litigation

W

WilmerHale

Reading The Tea Leaves: Supreme Court Dips Its Toe Into Brewing Federal Spending Fight

United States Litigation

HK

Holland & Knight

Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception

United States Finance

AP

Arnold & Porter

US Supreme Court Clarifies Availability Of US Forum For Victims Of Foreign State Expropriation

United States Litigation

JB

Jenner & Block

Supreme Court Issues Narrow Reading Of The FSIA's Expropriation Exception In Republic Of Hungary v. Simon

United States Litigation

W

WilmerHale

Reading The Tea Leaves: Supreme Court Dips Its Toe Into Brewing Federal Spending Fight

The early days of the Trump Administration have featured a wide range of actions related to federal spending.

United States Litigation

HK

Holland & Knight

Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception

One generally cannot sue a foreign state in a U.S. court because the Foreign Sovereign Immunities Act (FSIA) presumptively shields foreign states from suit. But the FSIA also sets out narrow exceptions to that presumptive.

United States Finance

AP

Arnold & Porter

US Supreme Court Clarifies Availability Of US Forum For Victims Of Foreign State Expropriation

On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation exception to foreign sovereign immunity.

United States Litigation

JB

Jenner & Block

Supreme Court Issues Narrow Reading Of The FSIA's Expropriation Exception In Republic Of Hungary v. Simon

Last week, the Supreme Court issued a unanimous decision in Republic of Hungary v. Simon, a case concerning the scope of immunity under the Foreign Sovereign Immunities Act's (FSIA) expropriation exception.

United States Litigation

W

WilmerHale

Second Circuit Decision Opens The Door To Anti-Terrorism Act Suits Against Foreign States

United States Government

AP

Arnold & Porter

Second Circuit Denies Common-Law Sovereign Immunity For Foreign State-Owned Entities

The court held that the Executive Branch's decision to criminally prosecute a foreign state-owned entity for commercial activity is entitled to deference and thus strips...

United States Litigation

JD

Jones Day

Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank From Criminal Prosecution

On remand from the U.S. Supreme Court, the Second Circuit ruled that Halkbank, a commercial bank majority owned by Turkey...

United States Litigation

FH

Foley Hoag LLP

Enforcing Arbitral Awards Against Sovereigns In The United States: Recent DC Circuit Court Decision Limits A State's Defense Of Sovereign Immunity

Under US law, a foreign state's sovereign immunity is restricted: one of the important exceptions in the Foreign Sovereign Immunities Act ("FSIA") is the state's consent to private arbitration.

Worldwide Litigation

ML

Milbank LLP

Supreme Court To Interpret Key Language In The Foreign Sovereign Immunities Act's Expropriation Exception And Consider The Pleading Standard For Invoking Exceptions To Sovereign Immunity

The Supreme Court will also likely address whether plaintiffs or defendants bear the burden to trace proceeds from expropriated property to their current location and use.

United States Litigation

FH

Foley Hoag LLP

The Supreme Court Of Virginia Addresses Commonwealth's Use Of The Defense Of Sovereign Immunity When A Contract Is At The Center Of The Dispute

United States Litigation

GL

Gentry Locke

D.C. Circuit Looks To Contract Terms To Determine Whether Breach Outside The United States Has "Direct Effect" Inside The United States Under The Commercial Activity Exception To Sovereign Immunity

United States Commercial

FH

Foley Hoag LLP

The Summer Of The FSIA

Worldwide Litigation

SJ

Steptoe LLP

Managing Sovereign Immunity Risk On A Transaction – What Commercial Parties Need To Know

Worldwide Litigation

MB

Mayer Brown

Irreparable Harm To The Irreparable Harm Standard

United States Government

EB

Eckland & Blando

Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement Of Document Subpoena To NY Attorney General's Office

United States Litigation

SJ

Steptoe LLP

SCOTUS Grants Cert To Resolve Split On Sovereign Immunity For Fraudulent Conveyance Claims

United States Insolvency

TC

Thompson Coburn LLP

Seventh Circuit Roundup: Collateral Order Doctrine Meets Church Autonomy Doctrine And Takings Meets State Sovereign Immunity (Podcast)

United States Litigation

BT

Barnes & Thornburg LLP

Virginia Contractors Can Overcome Sovereign Immunity And Sue The State Government, Even Where The Remedy Is "Equitable" Relief Instead Of Damages

United States Government

VL

Venable LLP

Supreme Court Holds That Copyright Damages Have No Time Limit

United States IP

PR

Proskauer Rose LLP

Partner Maria Kostytska Authors The U.S. Chapter On Cross-Border Enforcement Of Judgments Against States

United States Litigation

WS

Winston & Strawn LLP

Court Holds That Acceptance Rule And Economic Loss Doctrine Did Not Bar Claim Brought By Real Estate Purchaser

United States Litigation

BT

Barnes & Thornburg LLP

Devas v. Antrix: Ninth Circuit Requires Minimum Contacts For Personal Jurisdiction Over Foreign States

United States Litigation

AO

A&O Shearman

International Arbitration Update: Edition 18

Worldwide Litigation

MB

Mayer Brown

Year In Review — Highlights From 2023

United States Litigation

SJ

Steptoe LLP

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