News & Analysis as of

Immunity Jurisdiction

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

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

Snell & Wilmer

New Mexico Tribal Courts Have Jurisdiction Over Casino Patron Tort Claims

Snell & Wilmer on

In a recent decision, the New Mexico Supreme Court ruled in the case of Sipp v. Buffalo Thunder Inc. that state courts do not have the authority to adjudicate tort claims filed by casino visitors. The unanimous decision...more

Axinn, Veltrop & Harkrider LLP

Something to Talk About: Recent Developments in Federal Court SLAPP Suits

Many states have enacted statutes curtailing Strategic Lawsuits Against Public Participation (known as “anti-SLAPP” statutes) to protect parties from lawsuits designed to chill speech. These statutes vary from state to state,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: The Public Interest Exemption to California’s Anti-SLAPP Law

This week, the Ninth Circuit affirms the district court’s denial of a special motion to strike under California’s anti-SLAPP statute, with two of the judges on the panel questioning the Court’s precedent holding that such...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

BCLP on

The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Due Process and Immunity

This week, the Court addresses the standard of causation for a “stigma-plus” due process claim under Section 1983 and the scope of the immunity granted to entities deemed Public Health Service employees....more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

Conyers on

On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Dechert LLP

State immunity: the English court upholds prohibition on injunctive relief against states

Dechert LLP on

In a recent decision, the English High Court has confirmed that injunctive relief cannot be granted against states, notwithstanding that this restriction interferes with Article 6 (Right to a fair trial) of the European...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

Lowndes

Recent Changes to Florida Appellate Rules of Procedure

Lowndes on

In January 2020, the Florida Supreme Court adopted three subtle, but significant changes to the Florida Rules of Appellate Procedure: Rule 9.130(a)(3)(C) was amended to clarify language regarding nonfinal orders denying...more

Kelley Drye & Warren LLP

Belgian Court Decision on Jurisdictional Immunity of International Organizations in Employment Disputes

The Brussels Employment Tribunal upheld the immunity from jurisdiction of an international organization in a judgment dated 10 January 2018 (unpublished to date). This judgment differentiates itself from a certain trend in...more

Kelley Drye & Warren LLP

Korea’s Financial Supervisory Service Retains Sovereign Immunity, For Now

In the United States, unlike in many civil law jurisdictions, the federal courts are vested with broad civil subpoena power. That power, however, is limited by the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§...more

King & Spalding

U.S. Supreme Court Decisions Clarify Post-Judgment Remedies Against Foreign Sovereigns

King & Spalding on

On June 16, 2014, the U.S. Supreme Court issued two decisions in Republic of Argentina v. NML Capital, Ltd., one of the many cases to have arisen out of Argentina’s 2001 default on over $100 billion in sovereign bonds. While...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republic of Argentina v. NML Capital, Ltd.

On June 16, 2014, the United States Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not prevent a judgment creditor from conducting postjudgment discovery into a foreign sovereign's assets outside the...more

Morrison & Foerster LLP

Supreme Court Holds that the FSIA Does Not Limit Post-Judgment Discovery

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the FSIA...more

Sheppard Mullin Richter & Hampton LLP

Argentina's financial fate now depends on the U.S. Supreme Court

The Second Circuit has affirmed the injunctions against Argentina in NML Capital, Ltd. v. Republic of Argentina, a case that we have been following in this blog although the amended injunctions shall be stayed pending the...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide