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Abrogation Sovereign Immunity

Jones Day

Circuit Split Widens on Extent of Abrogation of Sovereign Immunity for Governmental Units in Bankruptcy Avoidance Litigation

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Bankruptcy trustees and chapter 11 debtors-in-possession ("DIPs") frequently seek to avoid fraudulent transfers and obligations under section 544(b) of the Bankruptcy Code and state fraudulent transfer or other applicable...more

McGuireWoods LLP

U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

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On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more

Snell & Wilmer

Supreme Court Determines Section 106(a) of the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

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On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native...more

Holland & Knight LLP

U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code

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Section 106(a) of the U.S. Bankruptcy Code expressly abrogates the sovereign immunity of "governmental units" for purposes of certain bankruptcy-related litigation. A split of authority concerning whether that abrogation...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Financial Oversight Board v. CPI

On May 11, 2023, the U.S. Supreme Court decided Financial Oversight Board v. CPI, No. 22-96, holding that the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) does not abrogate sovereign immunity of the...more

Rumberger | Kirk

Eleventh Circuit Clarifies the Standard for the Abrogation of Government Officials’ Entitlement to Sovereign Immunity

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The Eleventh Circuit Court of Appeals has recently clarified the legal standard necessary to strip government officials of their entitlement to statutory immunity. The ruling clarifies the misunderstanding reflected in...more

Proskauer - Minding Your Business

State Infringement of Copyright Cannot Proceed in Federal Court, Fifth Circuit Says

When there is a right, there is a remedy—or so the maxim goes. But when a state infringes upon your copyright, such a remedy may be more difficult to obtain. Just a year ago, the Supreme Court held in Allen v. Cooper that the...more

Snell & Wilmer

U.S. Supreme Court Denies Review of County’s Tax Dispute With Cayuga Nation

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On June 7, 2021, the United States Supreme Court denied Seneca County’s (New York) petition for certiorari, thus leaving in place the Second Circuit’s decision in Cayuga Indian Nation of New York v. Seneca County, New York,...more

Pillsbury Winthrop Shaw Pittman LLP

Will the Specter of Blackbeard Return as a Copyright Pirate?

Despite having a valid claim, a photographer’s attempt to hold North Carolina liable for copyright infringement failed under the doctrine of state sovereign immunity. Contractors entering agreements with states to produce...more

Manatt, Phelps & Phillips, LLP

Supreme Court: States Generally Immune From Copyright Infringement

In Allen v. Cooper, the Supreme Court held that the copyright clause in the U.S. Constitution did not authorize Congress to abrogate states’ Eleventh Amendment immunity from copyright infringement. In addition, Congress’s...more

Bricker Graydon LLP

Copyrights and state sovereignty: U.S. Supreme Court removes monetary damages for state actor infringement

Bricker Graydon LLP on

On March 23, 2020, a unanimous, if slightly fractured, Supreme Court ruled in Allen v. Cooper, 140 S. Ct. 994 (2020), that Congress did not properly abrogate sovereign immunity when it enacted the Copyright Remedy...more

Sunstein LLP

Supreme Court Allows States to Plunder Copyrighted Videos

Sunstein LLP on

In a remarkable decision, Allen v. North Carolina, the Supreme Court held on March 23 that the state of North Carolina can lawfully plunder a videographer’s copyrighted videos and photographs of the recovery of Blackbeard’s...more

ArentFox Schiff

Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

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The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more

Patterson Belknap Webb & Tyler LLP

The Katz Principle Resurgent: State Sovereign Immunity Remains Abrogated in Bankruptcy

State governments can be creditors of individuals, businesses and institutions that are debtors in bankruptcy in a variety of ways, most notably as tax and fine collectors but also as lenders. They can also be debtors of...more

McDermott Will & Emery

SCOTUS Sinks the CRCA, Confirms States Are Immune from Copyright Suits

A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more

Knobbe Martens

A Collision of Patents, Copyrights, and Piracy on the High Seas

Knobbe Martens on

ALLEN V. COOPER - Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit. Summary: States cannot be sued for copyright infringement as the Copyright...more

Akerman LLP - Marks, Works & Secrets

The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...more

Foley Hoag LLP - Making Your Mark

Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise when the colony of Virginia...more

Akerman LLP

IP: The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy

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On March 23, 2020, in Allen v. Cooper, the Supreme Court held that Allen, who spent over two decades, photographing the shipwreck of Queen Anne’s Revenge, better known as the flagship for the pirate Blackbeard, cannot sue the...more

Robins Kaplan LLP

Supreme Court Holds that States are Immune from Copyright Infringement

Robins Kaplan LLP on

On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement because Congress lacked authority to abrogate the states’ immunity from copyright infringement suits when it enacted the...more

Dorsey & Whitney LLP

Shiver Me Timbers: Can the States Now Legitimately Hornswoggle Copyright Owners?

Dorsey & Whitney LLP on

In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Upholds State Sovereign Immunity in Copyright Case in Allen v. Cooper (2020)

The Supreme Court on Monday affirmed the Fourth Circuit’s decision upholding State sovereign immunity against claims of copyright infringement.[i] The case arose over Petitioner Allen’s suit against North Carolina’s...more

Jackson Walker

U.S. Supreme Court Allows States to be “Digital Blackbeards” – For Now

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Edward Teach, better known as Blackbeard, was an 18th century English pirate who roamed Caribbean and Atlantic coastal waters. In June 1718, Blackbeard’s 200-ton flagship, Queen Anne’s Revenge, ran aground off of the Bar of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (2020)

On March 23, 2020, in a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren, upheld a State's ( North Carolina) sovereign immunity...more

Womble Bond Dickinson

North Carolina Won’t Be Walking the Plank: Supreme Court Finds State is No Copyright Pirate in Blackbeard Ruling

Womble Bond Dickinson on

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) that capture imaginations to this day. On March 23rd, the...more

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