Immunity

News & Analysis as of

Manipulating User Postings Removes Service Provider from CDA Immunity

As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more

U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity

The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the...more

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

"You Like 'To-May-Toe,' I Like 'To-Mah-Toe'" – Distinctions Without a Material Difference: Supreme Court Reverses Lower Court...

The events of September 11 were by no means the first examples of terrorism involving aviation, but they unified the U.S., if not the world, in its effort to make air travel safer. It was in the wake of 9/11 that Congress...more

Supreme Court Reiterates that New York Times Actual Malice Standard Requires Materially False Statements

On Monday, Jan. 27, 2014, the Supreme Court unanimously reversed a $1.2 million Colorado defamation verdict in the case of Air Wisconsin Airlines Corp. v. Hoeper—a notable decision for a court that rarely accepts libel...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

Advocate’s Immunity Again

We recently reported on the New South Wales Supreme Court’s decision in Attwells v Jackson Lalic [2013] NSWSC 1510 in which the Court declined to strike out a claim against a solicitor on the grounds of immunity from suit....more

The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada

In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for...more

Advocates’ immunity – Strike out fails

A strike out application on the grounds that the claim was immune from suit recently failed, even though the judge agreed that immunity applied. The solicitors’ negligence case of Attwells v Jackson Lalic [2013] NSWSC 1510 is...more

Hyperlinking within an Online Article could Immunize the Speaker against a Defamation Claim

For even the most novice internet user, hyperlinks are undoubtedly helpful to the browsing experience. Hyperlinks assist users in navigating through the vast amounts of undesirable content on the web by providing a reference...more

In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more

How To Get A Request For An Interpretive Opinion Rejected

Corporations Code Section 25618 authorizes the Commissioner of Business Oversight to honor requests for interpretive opinions. An interpretive opinion offers far more protection than a no-action letter from the SEC staff. ...more

New York State Adopts First Post-Phoebe Putney Law Extending State Antitrust Immunity to a Public Hospital — How It Came About and...

On October 24, 2013, Governor Andrew Cuomo signed what we believe is the first post-Phoebe Putney statute (see FTC v. Phoebe Putney Health Sys., Inc., 133 S. Ct. 1003 (2013)), extending the State’s antitrust immunity to...more

Hospitals & Medical Staff Take Notice: HCQIA Immunity Is Not Given, It's Earned.

The Healthcare Quality Improvement Act of 1986 ("HCQIA") is a federal law enacted to establish a national tracking system of healthcare practitioners with a history of medical malpractice payments or adverse actions. A...more

Weekly Law Resume - October 2013: Torts – Public Entities - Immunity For Natural Conditions

Meddock v. County of Yolo - California Third District Court of Appeal (October 4, 2013 - There are certain sections of the Government Code that provide immunities to public entities as a matter of public policy....more

Imagine There’s No Safe Harbor: Does the DMCA Apply to pre-1972 Sound Recordings?

Vimeo, the online video service, is seeking leave to appeal to the Second Circuit on the issue of whether sound recordings made prior to 1972 are covered by the safe harbor provisions of the Digital Millennium Copyright Act...more

Canadian Competition Bureau Updates its Immunity and Leniency Program FAQs

On September 25, 2013, the Canadian Competition Bureau released updated FAQs for its Immunity and Leniency Programs. These two programs, which offer whistleblowers immunity from prosecution and lenient treatment on...more

Changes to Bureau Enforcement Policies Signal New Aggressive Stance

Canada’s Competition Bureau (Bureau) today announced substantial revisions to their immunity and leniency policies’ FAQs. While the fundamental features of the programs do not change, new elements have been added signalling...more

BB&K Police Bulletin: Taking Custody of Minor from School: Officers Entitled to Qualified Immunity from Claims of Unlawful Arrest...

Overview: The Ninth Circuit Court of Appeals recently ruled that Sonora police officers were entitled to qualified immunity from claims alleging unlawful arrest and use of excessive force on an “out-of-control” juvenile. ...more

Sixth Circuit: Social Workers Entitled To Qualified Immunity Because Law Not Sufficiently Clear

As I learn more and more about the social work field as my (new) wife continues on her path to becoming a social worker, I realize that social workers often see life at its lowest points. Never was that more true than in this...more

Court of Appeal Upholds Judgment in Favor of County Based on Design Immunity Defense

A driver of a vehicle that collided with another vehicle at an intersection brought a lawsuit against a county asserting a claim of dangerous condition of public property. The court of appeal affirmed the judgment of the...more

Public Employees Ruled Immune From Liability When Acting In Legislative Or Discretionary Capacity, Even If Fraud, Corruption, Or...

After landowners spent three years securing planning commission approval for a proposed senior living facility project, the city council rejected the project in the face of community opposition. The landowners sued, alleging...more

U.S. Supreme Court Grants Certiorari on Significant Aviation Issues

This spring, the U.S. Supreme Court granted certiorari to review two decisions that significantly affect the aviation industry, namely airline immunity under the Aviation and Transportation Security Act (ATSA) and preemption...more

ATSA Immunity: Supreme Court Grants Cert to Decide Bounds for Applying Immunity Under the Aviation Transportation Security Act

The Supreme Court granted certiorari yesterday to decide whether a court can deny immunity under the Aviation Transportation Security Act (ATSA) in a defamation case without first deciding whether an airline’s report to the...more

Alabama Firearm Act Gives Right of Action Against Employer

Alabama has become the most recent state to adopt a “bring your gun to work law,” with Governor Robert Bentley signing a firearms-related bill into law on May 22, 2013. The law takes effect August 1, 2013. The law will impact...more

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