News & Analysis as of

Eleventh Amendment State and Local Government

Orrick, Herrington & Sutcliffe LLP

Student lender petitions U.S. Supreme Court to review 10th Circuit’s “arm of the state” ruling

Recently, a petition for a writ of certiorari was presented to the U.S. Supreme Court by a Missouri-based student lender seeking review of a decision by the U.S. Court of Appeals for the Tenth Circuit that it does not qualify...more

Troutman Pepper Locke

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

Troutman Pepper Locke 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

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

ArentFox Schiff

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

ArentFox Schiff on

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

Sovereign Immunity for State Plaintiffs in Antitrust Class Actions?

The Third Circuit recently denied a petition for rehearing en banc a panel’s earlier decision in the In re Flonase Antitrust Litigation. In that case, the panel decision addressed the degree to which class settlements can...more

Knobbe Martens

PTAB Denies IPR Petition Against the State of Florida Due to 11th Amendment Sovereign Immunity

Knobbe Martens on

In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign immunity applies to inter partes...more

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