News & Analysis as of

Sovereign Immunity

Husch Blackwell LLP

Extending Derivative Sovereign Immunity For Government Contractors

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The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...more

Foley Hoag LLP

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

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Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

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

Freeman Law

Texas Supreme Court Declines to Hear Comptroller Sovereign Immunity Case

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The Texas Supreme Court recently denied a petition for review of decision of the Texas Fourteenth Court of Appeals’ decision in West Exchange, Inc. v. Hegar. This case illustrates the importance of complying with all...more

Foley Hoag LLP

D.C. Circuit Looks to Contract Terms to Determine Whether Breach Outside the United States Has “Direct Effect” Inside the United...

Foley Hoag LLP on

On July 16, 2024, the U.S. Court of Appeals for the D.C. Circuit dismissed the case Wye Oak Technology, Inc. v. Republic of Iraq and Ministry of Defense of the Republic of Iraq, for lack of subject matter jurisdiction because...more

Troutman Pepper

Eighth Circuit Decides Case Involving State’s Authority to Regulate Tribal Cigarette Sales

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On August 2, the U.S. Court of Appeals for the Eighth Circuit decided a case addressing Nebraska’s authority to require tribal cigarette manufacturers that are not parties to the Master Settlement Agreement (MSA) to comply...more

ArentFox Schiff

Sovereign Immunity in Managed Care Litigation: Federal Court Rejects Bid by State Plan Administrator to Dismiss Provider Suit

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On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group of providers. In so...more

Mayer Brown

Managing Sovereign Immunity Risk on a Transaction – What Commercial Parties Need to Know

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AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more

Zuckerman Spaeder LLP

Corner Postscript: Implications of the Supreme Court Decisions in Loper-Bright and Corner Post

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Together, the Supreme Court’s decisions in Loper-Bright and Corner Post open a path to attack federal regulations issued by agencies (and upheld by courts) many years ago. As Justice Jackson put it in her Corner Post dissent:...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

Snell & Wilmer

The Ninth Circuit Finds Tribal Nation Waived Sovereign Immunity Through Arbitration Provision

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On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

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In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

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

Resource Conservation and Recovery Act/Mandamus: Federal Court Addresses Request for U.S. Department of Justice Enforcement

A United States District (Connecticut) (“Court”) addressed in an April 28th Order an issue involving enforcement of the Resource Conservation and Recovery Act (“RCRA”). See Zeil v. U.S. Department of Justice, 2024 WL 1330812....more

Schwabe, Williamson & Wyatt PC

Alaska Supreme Court Affirms Tribal Sovereignty and Clarifies Essential Tool

The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more

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

National Environmental Policy Act/Sovereign Immunity: Federal Court Addresses Action Challenging Federal Highway Administration...

Co-Author Tye Boudra-Bland The United States District Court, D. Utah, Central Division (“Court”) addressed in a May 14th Opinion on an issue regarding the doctrine of sovereign immunity in three consolidated cases involving...more

Snell & Wilmer

Navigating Sovereign Immunity in Employment Termination Case

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In the recent Arizona federal court case, Xia v. Harrah’s Arizona Corp., five individuals, Jie Xia, Necy Sundquist, Mary Grace Abon, Susan Samons, and Maria Henry (Plaintiffs), brought wrongful termination, discrimination,...more

McDermott Will & Emery

“Common Sense” Governs Tribal Sovereign Immunity Under Federal Contracting Program

McDermott Will & Emery on

The US Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s ruling, holding that waiver of sovereign immunity for claims related to a federal contracting program means the defendant, a sovereign...more

Venable LLP

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

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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

Snell & Wilmer

Alaska Supreme Court Extends Tribal Sovereign Immunity: A Landmark Decision with a Far-Reaching Impact

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In a significant legal development, the Alaska Supreme Court recently expanded tribal sovereign immunity to include tribal consortiums, overturning a precedent set two decades ago. The groundbreaking decision of Ito v. Copper...more

Proskauer - Trade Secrets

An Archetypical Trade Secrets Claim with a Twist: Tribal Sovereign May be Sued in Court for Alleged Theft of Trade Secrets Related...

AQuate II, LLC v. Jessica Tedrick Myers and Kituwah Global Gov’t Group, LLC, is, as all parties put it, about “an archetypical trade secrets claim,” but with a couple of twists: sovereign immunity and an agreement to resolve...more

PilieroMazza PLLC

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

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On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by...more

Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

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Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation,...more

Troutman Pepper

EDVA Judge Narrows Suit Challenging Provision of Virginia Constitution Prohibiting Felons From Voting

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Virginia’s Constitution automatically disqualifies all persons convicted of any felony from voting unless their civil rights are restored by the Governor. See Va. Const. art. II, § 1. In a recent case, two plaintiffs...more

Morgan Lewis

UK Sovereign Immunity from Direct Taxation

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Sovereign immunity is a principle of public international law whereby one sovereign state should not seek to apply its law to another sovereign state. Alongside the jurisdictional immunity foreign sovereigns enjoy in the...more

Epstein Becker & Green

Supreme Court Unanimously Rules States Cannot Enforce Section 3 of the 14th Amendment to Disqualify a Presidential Candidate -...

To the surprise of no one connected with the case, or who just listened to the oral argument, the Supreme Court, in a per curiam opinion (i.e., unanimously), decided the case of Trump v. Anderson, holding that states have no...more

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