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Damages Sovereign Immunity

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Marshall Dennehey

Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap

Marshall Dennehey on

Freilich v. Septa, No. 10 EAP 2024, review granted Mar. 11, 2024 - States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154,...more

Venable LLP

Virginia Contractors Can Overcome Sovereign Immunity and Sue the State Government, Even Where the Remedy Is "Equitable" Relief...

Venable LLP on

On May 9, 2024, the Supreme Court of Virginia held that a lawsuit alleging that the state government had procured a contractor's settlement of a contract dispute using economic duress and bad faith could proceed, rejecting...more

Bradley Arant Boult Cummings LLP

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department...more

Littler

$2.49 Million Verdict Underscores Expansive USERRA Protections

Littler on

A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...more

Husch Blackwell LLP

Texas Supreme Court Maintains Tort Claims Act's Minimum Cap for Governmental Entities

Husch Blackwell LLP on

On December 30, 2022, the Supreme Court of Texas published its opinion in Gulf Coast Center v. Curry, concluding that the trial court had no jurisdiction to enter an award of $216,000 in a personal injury action against a...more

McDermott Will & Emery

Stormy Weather Ahead: Lack of Causation Evidence Rains Out Appeal

McDermott Will & Emery on

The US Court of Appeals for the Tenth Circuit found that a trade secret owner lacked “non-speculative and sufficiently probative evidence of a causal nexus between Defendants’ alleged bad acts and [the trade secret owner’s]...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2022

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Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more

International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

Patterson Belknap Webb & Tyler LLP

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States Bankruptcy Court for the District of Delaware seeking monetary damages from...more

Rumberger | Kirk

Florida Limits Amount of Recovery in Mass Shootings

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Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more

Burr & Forman

No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute

Burr & Forman on

If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work...more

Goodwin

Federal Court Refuses to Vacate Ruling Precluding Fair Housing Act Damages

Goodwin on

On July 17, 2020, a federal judge in Guam refused to vacate her ruling in U.S. v. Government of Guam, et al., Case No. 1:17-00113, which held that sovereign immunity prevented the U.S. government from seeking damages under...more

Womble Bond Dickinson

U.S. Supreme Court Denies Certiorari Review in FCRA Sovereign Immunity Case, Cementing Circuit Split

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On Monday, the United States Supreme Court denied certiorari review of a Fourth Circuit Court of Appeals decision that the federal government is immune from civil liability for claims brought under the Fair Credit Reporting...more

McDermott Will & Emery

Special Report - 2019 IP Law Year in Review - Copyrights

McDermott Will & Emery on

In many ways, copyright jurisprudence in 2019 was a study in contrasts. While certain cases represented a “back to basics” approach, answering fundamental questions such as “When can a copyright owner sue for copyright...more

White and Williams LLP

Delaware Court Rejects Contract Liability Theory in Medical Negligence Case

White and Williams LLP on

In Sipple v. Connections Community Support Programs, Inc., the Delaware Superior Court rejected a breach of contract claim filed by a former prison inmate who claimed that he received substandard medical care while...more

Dorsey & Whitney LLP

District Court Holds Consumer May Sue U.S. Governmental Entity for Money Damages under FCRA

Dorsey & Whitney LLP on

On February 7, 2018, the U.S. District Court for the Eastern District of Michigan denied a motion by the U.S. Department of Agriculture (“USDA”) to dismiss a lawsuit filed against the USDA seeking money damages for alleged...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Four Stories of 2017

After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more

Stinson LLP

SCOTUS to Decide if Sovereign Immunity of an Indian Tribe Bars Individual Damages Actions

Stinson LLP on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke. The Supreme Court will resolve a Circuit split about whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal...more

Burr & Forman

One Awesome Case Discussing The Difference Between Delay and Disruption Damages!

Burr & Forman on

Rarely do you find a case that succinctly addresses a construction law issue.  Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read!...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

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