The New Cold War: Risk, Sanctions, Compliance Episode 25: “Can the U.S. Seize the Russian Central Bank’s Assets?”
Common Missteps When Suing the State of New Jersey and How to Prevent Them
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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