News & Analysis as of

Eleventh Amendment

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

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

ArentFox Schiff

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

ArentFox Schiff on

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

Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

Troutman Pepper on

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

Marshall Dennehey

State Officials’ ADA Liability Under the 11th Amendment

Marshall Dennehey on

In the recent case, Durham v. Kelley, 82 F.4th 217 (3d Cir. 2023), an inmate at the New Jersey State Prison who had been diagnosed with lumbar stenosis brought a pro se action, alleging violations of the Americans with...more

Troutman Pepper

Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute

Troutman Pepper on

In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying...more

Cadwalader, Wickersham & Taft LLP

Give Me Some Credit July 2023 - FFF Sovereign Immunity Series – Part XIII and Wrap-Up

We have come to the final installment of our FFF Sovereign Immunity Series, having covered the 48 other states previously (see the links to the full series here). In this article, we will look at sovereign immunity in...more

Cadwalader, Wickersham & Taft LLP

Summertime Reflections July 2023 - FFF Sovereign Immunity Series – Part XII

Today we release the twelfth – and penultimate – installment of our Sovereign Immunity Series. In this part, we discuss and provide a high-level overview of how sovereign immunity is viewed specifically through the lens of...more

Cadwalader, Wickersham & Taft LLP

We Pay Tribute May 2023 - FFF Sovereign Immunity Series – Part X: South Dakota and Tennessee Memorial Day Edition

It’s the Friday before Memorial Day Weekend here in the United States. Given the holiday weekend, this installment of our Sovereign Immunity Series will be light, as we will cover just two states: South Dakota and Tennessee....more

Cadwalader, Wickersham & Taft LLP

Moving into May - April 2023: FFF Sovereign Immunity Series – Part IX

Today we release the ninth installment of our Sovereign Immunity Series. In this installment we cover Oklahoma, Oregon, Pennsylvania, Rhode Island and South Carolina to give you a high-level overview of sovereign immunity in...more

Cadwalader, Wickersham & Taft LLP

Happy NAV Year! - January 2023 | Issue No. 205 - FFF Sovereign Immunity Series – Part IV

We continue our alphabetical 50-state survey of sovereign immunity with our fourth installment in the series – this week summarizing sovereign immunity in Kansas, Kentucky, Louisiana, Maine and Maryland....more

Cadwalader, Wickersham & Taft LLP

Location, Location, Location December 2022 | Issue No. 202 - FFF Sovereign Immunity Series – Part III

We continue our alphabetical 50-state survey of sovereign immunity with our third installment in the series. Today we have something for everyone (tropical beaches, rugged mountains, big cities and wide-open spaces): Hawaii,...more

Cadwalader, Wickersham & Taft LLP

A Fantastic Forum November 2022 | Issue No. 199 - FFF Sovereign Immunity Series – Part II

Today we release the second installment of our Sovereign Immunity Series. In this installment, continuing with our alphabetical order format, we provide a high-level overview of the sovereign immunity laws of Colorado,...more

Bowditch & Dewey

The First Circuit Dismisses Former UMass Students’ Appeal Challenging Vaccine Policies as Moot

Bowditch & Dewey on

On Thursday, August 4, 2022, the First Circuit Court of Appeals dismissed as moot an appeal that was brought by two former University of Massachusetts students claiming that the schools’ vaccine policies were unconstitutional...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Arbitration Two Ways

This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

International Lawyers Network

“What’s Mine Is Not Yours To Give Me”—Nor To Take Without Just Compensation: A New Jersey’s Reaction To Sovereign Immunity,...

I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more

Smith Anderson

Fourth Circuit Rejects Federal Jurisdiction Over Claim Against State for Loss of Private Property

Smith Anderson on

A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed. Originally...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

Opportune LLP on

Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....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

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

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Sunstein LLP

When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?

Sunstein LLP on

Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more

Knobbe Martens

Federal Circuit Review - July 2020

Knobbe Martens on

Unconstitutionally Appointed Judges Cannot Decide Ex Parte Appeals - In In Re Boloro Global Limited, Appeal No. 19-2349, When administrative patent judges are unconstitutionally appointed, their decisions in ex...more

Proskauer - Minding Your Business

Federal Circuit Issues a Splintered Ruling on the Eleventh Amendment Immunity and Rule 19 Joinder Analysis

On July 24, 2020, a panel of the Court of Appeals for the Federal Circuit issued splintered precedential opinions surrounding the interplay of state sovereign immunity under the Eleventh Amendment and required joinder of...more

McDermott Will & Emery

It’s Good to Be the Sovereign, Unless You Have an Exclusive Licensee

Addressing the interaction between state sovereign immunity under the 11th Amendment and joinder under the Federal Rules of Civil Procedure, a “fractured majority” of the US Court of Appeals for the Federal Circuit determined...more

Troutman Pepper

Federal Circuit Review - Issue 273

Troutman Pepper on

273-1 Federal Circuit Holds University of Texas is Immune from Involuntary Joiner, Holds Case against Potential Infringer may Proceed in School’s Absence - The Federal Circuit recently affirmed-in-part, reversed-in-part,...more

108 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide