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Government Entities Sovereign Immunity

Jones Day

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

Jones Day on

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Cadwalader, Wickersham & Taft LLP

Time for a Term Loan? March 2023: FFF Sovereign Immunity Series – Part VII

Today we return with our seventh installment in the FFF Sovereign Immunity Series, in which we break down sovereign immunity in New Mexico, New York, North Carolina, North Dakota and Ohio....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

Dorsey & Whitney LLP

Bankruptcy Automatic Stay: Tribal Sovereign Immunity Abrogated

Dorsey & Whitney LLP on

First Circuit - Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians - The issue was whether tribal sovereign immunity protected the tribal lender from the automatic stay. On May 6, 2022, the First Circuit...more

Rumberger | Kirk

Florida Limits Amount of Recovery in Mass Shootings

Rumberger | Kirk on

Barnett v. State of Florida and Its Effect on Governmental Entities who Are Sued for Claims Involving a Criminal Episode with Multiple Victims. ...more

Butler Snow LLP

Blame It on the Weather: Considerations for Litigation Involving Sovereign Immunity

Butler Snow LLP on

Sovereign immunity is a central feature in tort litigation against governmental entities, but its perimeters vary widely from jurisdiction to jurisdiction. In Mississippi, a governmental entity may be entitled to sovereign...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - June 2019

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Knobbe Martens

Univ Of Fl. Res. Found., Inc. v. Gen. Elec. Co. Et Al.

Knobbe Martens on

Federal Circuit Summary - Before Prost, Moore, and Wallach. Appeal from the Northern District of Florida. Summary: When a state entity sues for patent infringement, it waives sovereign immunity as to all defenses,...more

Womble Bond Dickinson

States are Immune from Suit Under the FCRA

Womble Bond Dickinson on

You cannot sue a state under the FCRA. That is the message that a court delivered to a pro se plaintiff in Pendergrass v. Washington Metro. Area Transit Authority, 2018 WL 4938578 (D. D.C. Oct. 11, 2018). Under the facts of...more

Troutman Pepper

Sovereign Immunity Bars Contractor’s Claims For Unjust Enrichment And Promissory Estoppel Against City Government On Semi-Public...

Troutman Pepper on

Harakas Constr., Inc. v. Metro Gov’t of Nashville, 2018 Tenn. App. LEXIS 45 (Tenn. App. January 29, 2018) - BK Partners LLC (“BK”) sought to build a condominium complex in Davidson County. This required an upgrade to the...more

Morgan Lewis

Federal Agencies Cannot Be Fined for Reliability Standard Violations

Morgan Lewis on

The D.C. Circuit concluded that sovereign immunity prevents FERC and NERC from imposing monetary penalties on federal agencies that violate Reliability Standards....more

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