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Breach of Contract Sovereign Immunity

Cadwalader, Wickersham & Taft LLP

Time for a Term Loan? March 2023: FFF Sovereign Immunity Series – Part VII

Today we return with our seventh installment in the FFF Sovereign Immunity Series, in which we break down sovereign immunity in New Mexico, New York, North Carolina, North Dakota and Ohio....more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Freeman Law

Governmental Immunity Under Texas Law

Freeman Law on

Governmental Immunity - 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...more

Bilzin Sumberg

Breach of Contract Claim Will Proceed in Tuition Refund Case

Bilzin Sumberg on

In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more

Saul Ewing LLP

Sovereign Immunity Protects Public Texas University in Construction Dispute

Saul Ewing LLP on

On December 1, 2020, the Court of Appeals of Texas (1st District) reversed a lower court decision and held that where a party fails to show that a public university defendant has expressly breached a contractual provision,...more

Seyfarth Shaw LLP

Post COVID-19 Considerations as Universities Open in the Fall

Seyfarth Shaw LLP on

Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries. The area of higher education is no different. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How the CARES Act Will Help Universities Combat the New Rise of COVID-19 Class Actions

Universities continue to see a rise of COVID-19-related class action lawsuits alleging that campus closures deny students the full benefits of an on-campus college experience. This new wave of class action lawsuits generally...more

Knobbe Martens

Federal Circuit Review - September 2019

Knobbe Martens on

State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Government Immunity: Supreme Court of Texas Addresses Proprietary/Governmental Function Test

A June 1, 2018, Supreme Court of Texas (“Court”) opinion addressed whether a Texas municipality enjoyed governmental immunity from a terminated lakefront lessee’s lawsuit. See Wasson Interests, LTD, v. City of Jacksonville,...more

Bradley Arant Boult Cummings LLP

Be Aware of Sovereign Immunity - Construction and Procurement Law News, Q1 2018

Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” ...more

Bradley Arant Boult Cummings LLP

A Warning for Government Contractors: Sovereign Immunity

A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In...more

Clark Hill PLC

Collateral Attack on Final Judgment Disallowed

Clark Hill PLC on

In Engelman Irrigation District v. Shields Brothers, 2017 Tex. App. LEXIS 294 (Tex. March 17, 2007), the Texas Supreme Court affirmed the court of appeals’ ruling that a final judgment could not be declared void on the ground...more

McDermott Will & Emery

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

McDermott Will & Emery on

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

Winstead PC

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Womble Bond Dickinson

State Universities Gain Immunity from IPRs

Womble Bond Dickinson on

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

Knobbe Martens

PTAB Denies IPR Petition Against the State of Florida Due to 11th Amendment Sovereign Immunity

Knobbe Martens on

In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign immunity applies to inter partes...more

BakerHostetler

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

BakerHostetler on

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

Alston & Bird

Government Contracts Review, Alston & Bird LLP, January 2016

Alston & Bird on

IN THIS EDITION: THE GOVCON FILES - It’s Good to Be King: The Curious Case of United States v. JAAAT Technical Services PROTEST DECISIONS - GAO Clarifies Discussions and Discusses clarifications ...more

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