News & Analysis as of

State Sovereignty

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

Cozen O'Connor

State AG Pulse | The Laboratories of Democracy

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To wrap up season 2 of AG Pulse, General Rokita of Indiana talks with Jerry Kilgore and Chris Allen about state sovereignty and the role of the states as laboratories of democracy. General Rokita bemoans the uptick in federal...more

Troutman Pepper

State AGs Choose Products Liability Case as Battleground for State Sovereignty

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A bipartisan coalition of 23 state attorney generals led by Virginia AG Jason Miyares recently went up in arms about a products liability ruling they believe will threaten state consumer protection laws. On May 30, the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 15, 2023

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The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

Shutts & Bowen LLP

Discovery Access Under 1782 and ICSID Arbitrations

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Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more

Maron Marvel

Will Mallory Reopen the Floodgates of Litigation Across the Nation?

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A recent Pennsylvania Supreme Court decision, Mallory v. Norfolk Southern Railroad Co., presents the U.S. Supreme Court with an opportunity to reexamine its 2014 landmark ruling in Daimler. On April 25, 2022, the U.S. Supreme...more

Proskauer - California Employment Law

Supreme Court Hears Oral Argument in Advance of Major Ruling on the Arbitrability of PAGA Claims

Last week, the United States Supreme Court heard oral argument in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573,_ U.S. _ (2022). The case addresses whether the Federal Arbitration Act (“FAA”) requires the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Wait Until Next Time

This week, the Court addressed two questions of appellate jurisdiction, holding there is no right to immediate appellate review of a district court’s denial of derivative sovereign immunity or of a fact-bound district court...more

Husch Blackwell LLP

Water Law Update: The Equitable Apportionment Doctrine: It’s not Just for Rivers and Streams Anymore

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In case you missed it while preparing for your Turkey dinner, on November 22, 2021, the United States Supreme Court decided 9-0 that the Equitable Apportionment Doctrine, which had prior to this decision been held to apply...more

Eversheds Sutherland (US) LLP

Updates from the MTC: The Executive Committee approves California’s return, and the Uniformity Committee focuses on two projects  

This week, the Multistate Tax Commission (MTC) held its Fall Executive Committee and Uniformity Committee Meetings (in person) in Alexandria, Virginia. During the Executive Committee Meeting, MTC staff approved California’s...more

Holland & Hart LLP

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

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On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit...more

Rivkin Radler LLP

Like A Good Neighbor, New York Is Still Free To Tax You – Sorry For The Inconvenience

Rivkin Radler LLP on

NH vs MA- Last week, the U.S. Supreme Court denied New Hampshire’s request that the Court exercise its original jurisdiction under the Constitution[i] to hear and resolve a conflict involving the taxation by Massachusetts...more

BakerHostetler

[Podcast] Federalism Showdown: Does ARPA Prohibit State Tax Cuts?

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Tucked away in the American Rescue Plan Act of 2021 is a provision that prohibits states from using the $350 billion in state and local relief money to fund tax cuts. What does this mean for state tax policy? What does this...more

Cozen O'Connor

41-State Data Breach Settlement | Additional CCPA Regulations | Suit Over Patient Discharge Notice

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Antitrust- Attorneys General Testify in House Hearing on Big Tech and Competition- •On March 18, 2021, Colorado AG Phil Weiser and Nebraska AG Doug Peterson testified before the Subcommittee on Antitrust, Commercial,...more

BakerHostetler

New Hampshire v. Massachusetts - Are There Broader State Tax Implications?

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Massachusetts is taxing nonresidents who are working outside Massachusetts due to COVID-19. Seems unfair? Well New Hampshire agrees and has asked the US Supreme Court to allow it to bring suit against Massachusetts. Matt...more

International Lawyers Network

Queen Anne’s Revenge, Indeed!: Copyright Conundrums, Sovereign States, and IP Piracy

We live in a time of contradictions and confusion, and today we aim to explore how some such tensions have manifested themselves in the area of intellectual property law. On the one hand, we have a national and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 25, July 2020

Top Court Seeks Trump Administration Input on PennEast Pipeline - "The U.S. Supreme Court asked the Trump administration for input on a PennEast Pipeline Co. appeal that aims to jump-start a planned natural-gas line by...more

Melito & Adolfsen

The Tenth Amendment and the Resurrection of States' Rights in the Age of Coronavirus

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"Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program." New York v. United States, 505 U.S. 144, 188,...more

McDermott Will & Emery

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

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The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Knobbe Martens

Federal Circuit Review - September 2019

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State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more

A&O Shearman

US Court Rejects Suit Over Office of the Comptroller of the Currency FinTech Charter

A&O Shearman on

Judge Dabney Friedrich of the U.S. District Court for the District of Columbia has dismissed a lawsuit brought by the Conference of State Bank Supervisors (CSBS) that would have prevented the Office of the Comptroller of the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - September 2019

PATENT CASE OF THE WEEK - Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) - This week’s case of the week involves issues relating to venue...more

Knobbe Martens

State Sovereignty Principles Do Not Allow the State to Bring a Patent Infringement Suit in an Improper Venue

Knobbe Martens on

BOARD OF REGENTS v. BOSTON SCIENTIFIC CORP. Before Prost, Reyna, and Stoll. Appeal from the United States District Court for the Western District of Texas. Summary: The patent venue statute governs actions filed by a...more

McDermott Will & Emery

No State Sovereign Immunity in AIA Proceedings

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The US Court of Appeals for the Federal Circuit has held that state sovereign immunity does not apply to inter partes review (IPR) proceedings. Regents of the Univ. of Minn. v. LSI Corp., Case No. 18-1559 (Fed. Cir. June 14,...more

Dechert LLP

Enforcement Against a Sovereign State: A Relaxation of the Rules of Service

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Sovereign States have, for a long time, enjoyed a degree of protection from the English courts under the State Immunity Act 1978. For example, absent a pre-agreed method of service such as on a service agent in England,...more

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