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Supreme Court of the United States › Immunity

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Dorsey & Whitney LLP

The Supreme Court Update - July 2, 2024

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On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Decision on Presidential Immunity in Trump v. United States

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On July 1, 2024, the U.S. Supreme Court released its opinion in Trump v. United States. The six-Justice majority concluded that the President of the United States is entitled to at least a presumption of immunity from...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. United States

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On July 1, 2024, the U.S. Supreme Court decided Trump v. United States, No. 23-939, holding that former Presidents are absolutely immune from criminal prosecution for official acts that arise within their “conclusive and...more

Troutman Pepper

Bipartisan AG Coalition Signs Amicus Brief Advocating for the US Supreme Court to Revoke MLB’s Antitrust Exemption

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A bipartisan coalition of 18 state attorneys general (AGs) led by Connecticut AG William Tong has signed an amicus brief urging the U.S. Supreme Court to overrule its 1972 Flood v. Kuhn decision and revoke the immunity from...more

Jackson Walker

On Section 230, SCOTUS Says It Best When It Says Nothing At All

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In the space of a three-page per curiam opinion, Gonzalez v. Google went from blockbuster to nothingburger. The first (and, therefore, the biggest) Section 230 case to be considered on the merits by the U.S. Supreme Court,...more

Zuckerman Spaeder LLP

Carroll v. Trump, Redux: Why Would Congress Want to Have State Law Determine the President's Scope of Employment When the...

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The Justice Department’s invited amicus curiae brief in Blassingame v. Trump1 exposes another anomaly in treating the President’s scope of employment as a question of state tort law for purposes of the Westfall Act. In...more

Venable LLP

For the First Time, Supreme Court Considers Section 230 Immunity for Third-Party Content on Internet Platforms Such as Google and...

Venable LLP on

In what could be a seminal case of the Internet age, the U.S. Supreme Court this week heard arguments in Gonzalez v. Google, its first case concerning the hotly debated Section 230 of the Communications Decency Act....more

Katten Muchin Rosenman LLP

Section 230 Narrowing in the Future?

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This past week, the Supreme Court heard oral arguments in Gonzalez v. Google. The petitioners are a family that unsuccessfully sued Google for aiding and abetting terrorism when their 23-year old daughter was tragically...more

Foley Hoag LLP

Oral Argument in Supreme Court Case Involving U.S. Prosecution of State-owned Entity Shows Justices May Remand to Have Lower Court...

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During oral argument in Turkiye Halk Bankasi A.S. v. United States, the Court raised several questions about whether a state-owned entity, Halkbank, was immune from U.S. criminal prosecution under the common law. The...more

Kohrman Jackson & Krantz LLP

Supreme Court to Address Big Tech Immunity Under Section 230

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Last week, the Supreme Court granted certiorari for two cases challenging Section 230 of the Communications Decency Act. The result of the Supreme Court’s review has the potential to change how big tech and social media...more

Morrison & Foerster LLP

Supreme Court to Address Section 230 for First Time

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On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC, No. 21-1333, to address the scope of Section 230 of the Communications Decency Act....more

Proskauer - New Media & Technology

Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake

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Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

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The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Jackson Walker

US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question

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While this was a big week for the United States Supreme Court with the confirmation of Associate Justice Amy Coney Barrett, Justice Clarence Thomas’ written statement following the Court’s October 12, 2020, decision in...more

Dorsey & Whitney LLP

The Supreme Court - May 13, 2019

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The Supreme Court of the United States issued three decisions this morning: Apple, Inc. v. Pepper, No. 17-204: Apple’s App Store is the only place iPhone users may lawfully buy apps. Although Apple sells the apps...more

Latham & Watkins LLP

Will Jam v. IFC Increase Multilateral Development Banks’ US Legal Exposure?

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No longer entitled to near absolute immunity, MDBs may be prompted to modify their charters, lending practices, and accountability mechanisms. Key Points: ..The Supreme Court reversed the D.C. Circuit’s ruling, holding...more

Cozen O'Connor

The Supreme Court Finds International Organizations Are Entitled to Limited Immunity

Cozen O'Connor on

On February 27, 2019, the Supreme Court held in Jam v. International Finance Corporation that international organizations may be subject to suit for their commercial activities. In order to appreciate the significance of this...more

Hogan Lovells

Budha Ismail Jam, et al, Petitioners v. International Finance Corporation

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On 27 February 2019, the Supreme Court of the United States (SCOTUS) held that International Organisations do not have absolute immunity under the International Organizations Immunities Act of 1945 (IOIA). This blog discusses...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Construes Scope of Immunities in Jam

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In the global economy, companies increasingly interact with “international organizations,” or institutions created by treaty or other intergovernmental agreement. These include organizations that engage in economic and...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Explains Interplay Between IOIA and FSIA in Litigation Against International Organizations

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On February 27, the U.S. Supreme Court reversed a ruling of the U.S. Court of Appeals for the District of Columbia Circuit and held that international organizations, such as the World Bank, while being protected by the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Jam v. International Finance Corp.

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On February 27, 2019, the Supreme Court of the United States decided Jam v. International Finance Corp., No. 17-1011, holding that the International Organizations Immunities Act of 1945 grants international organizations the...more

Best Best & Krieger LLP

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

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Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Baker Donelson

Open Season on Provider-controlled Licensing Boards

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In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

King & Spalding

United States Supreme Court Rules that N.C. Dental Board Is Not Entitled to State Action Immunity from Antitrust Liability

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In North Carolina State Board of Dental Examiners v. F.T.C., No. 13-534 (2015), the United States Supreme Court ruled last week that the North Carolina Dental Board, which is comprised mainly of practicing dentists, was not...more

Holland & Knight LLP

Supreme Court Limits Protectionism by State Healthcare Licensing Boards - Boards Comprised of Active Medical Providers Are Not...

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The United States Supreme Court’s recent decision in N.C. State Bd. of Dental Examiners v. Federal Trade Commission, No. 13-534, 2015 WL 773331 (S.Ct. February 25, 2015) makes clear that the anticompetitive actions of state...more

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