News & Analysis as of

Immunity

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute....more

Promises, Promises: Second Circuit Reverses District Court’s Ruling That Suppressed Post-Arrest Statements Based On Allegedly...

In United States v. Haak, 16-3876-cr, the Second Circuit (Raggi, Hall, Carney) reversed a suppression order, finding that local law enforcement authorities did not falsely promise the defendant immunity from prosecution and...more

Belgian Court Decision on Jurisdictional Immunity of International Organizations in Employment Disputes

by Kelley Drye & Warren LLP on

The Brussels Employment Tribunal upheld the immunity from jurisdiction of an international organization in a judgment dated 10 January 2018 (unpublished to date). This judgment differentiates itself from a certain trend in...more

Diplomatic Immunity Denied by the UK Supreme Court in Domestic Servant Case

by Kelley Drye & Warren LLP on

In Reyes v. Al-Malki decided on 18 October 2017, the UK Supreme Court held that a former foreign diplomatic agent is not entitled to immunity from civil jurisdiction in employment proceedings brought by a domestic servant who...more

The Parliamentary Assembly of the Council of Europe Calls for Changes to the Internal Remedy Mechanisms for Staff Members of...

by Kelley Drye & Warren LLP on

On 26 January 2018, the Parliamentary Assembly of the Council of Europe adopted Resolution 2206 and Recommendation 2122 on the jurisdictional immunity of international organizations and rights of their staff, in which the...more

UPDATE: The Federal Defend Trade Secrets Act vs. The California Uniform Trade Secrets Act

We first wrote on this topic nearly a year ago. Since then, courts have had an opportunity to interpret some of the provisions of the federal Defend Trade Secrets Act (DTSA). Indeed, since it was signed into law, more than...more

Korea’s Financial Supervisory Service Retains Sovereign Immunity, For Now

by Kelley Drye & Warren LLP on

In the United States, unlike in many civil law jurisdictions, the federal courts are vested with broad civil subpoena power. That power, however, is limited by the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. §§...more

New Jersey Supreme Court Grants Absolute Immunity to City of Paterson under Tort Claims Act

by Blank Rome LLP on

A Blank Rome appellate team successfully represented the City of Paterson in Hamrick Lee v. Brown, et al., recently obtaining complete relief from seven consolidated wrongful death and personal injury suits, in a New Jersey...more

Informing Illinois Newsletter - December 2017

by Hinshaw & Culbertson LLP on

Amendments to the State Officials and Employees Ethics Act - On November 17, 2017, the governor signed into law two measures that address sexual harassment in the Illinois state Capitol. Applicable to local governmental...more

'Zeran v. AOL': The Anti-Circumvention Tool

by Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

by Murtha Cullina on

In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more

Competition Bureau Announces Proposed Changes to Immunity Program

On October 26, 2017, Canada’s Competition Bureau (Bureau) released for comment a revised version of its Immunity Program, under which a party may receive immunity from prosecution from the Director of Public Prosecutions...more

Objectors Beware – Exposure To Claims Brought By Adversely Impacted Developers Is Alive And Well

by Cole Schotz on

Parties objecting to development projects have traditionally been immunized from liability for common law torts, such as malicious prosecution, abuse of process and tortious interference. This immunity, grounded in the...more

Turkey Arrests and Convicts UN Judge in Spite of Diplomatic Immunity

by Kelley Drye & Warren LLP on

Turkish authorities arrested UN Judge Aydin Sefa Akay, and on 14 June 2017 convicted him to seven years and six months of imprisonment in first instance. Judge Aydin Sefa Akay is a member of the Appeals Chamber of the United...more

Unnecessary Roughness: Coaches, Concussions And The Constitution In Mann V. Palmerton Area School District

A recent decision by the United States Court of Appeals for the Third Circuit may have coaches checking with their lawyer before deciding whether to allow an injured player to go back into a game or practice. In an alarming...more

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

by Bennett Jones LLP on

The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46....more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Trail Immunity Does Not Shield from Liability Simply Because an Injury Occurs on a Trail - Appellate Court Ruling Means Less...

by Best Best & Krieger LLP on

A tree branch fell off of a eucalyptus tree and struck a woman while she was walking through Mission Bay Park in San Diego. She filed suit against the City of San Diego, alleging the City negligently maintained the eucalyptus...more

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or...more

Trail Immunity Not a Given for Public Agencies When Injuries Caused by Adjacent Property

by Best Best & Krieger LLP on

Of the many immunities available under the California Government Code, “trail immunity” under section 831.4 has long shielded public entities from liability when injuries are suffered by those using public property for...more

No Immunity for Chinese SOEs in the Hong Kong Courts

The Court of First Instance has confirmed that Mainland entities controlled by the PRC Central People’s Government benefit from “crown” immunity from suit and execution, whilst simultaneously ruling that state owned...more

Supreme Court of Wisconsin Holds That Private Subcontractor Is Immune to Property Damage Claims by Adjoining Landowners Because it...

by Pepper Hamilton LLP on

Melchert v. Pro Elec. Contrs., 2017 Wis. Lexis 169 (April 7, 2017) - The Wisconsin Department of Transportation (“DOT”) contracted with Payne & Dolan (“P&D”) as General Contractor on a road improvement project. P&D in turn...more

Maintain immunity under the Communications Decency Act [MCLE]

by Buchalter on

What should you do if users start using your client’s website to post hateful, obscene or defamatory comments and images? User-posted content can damage your business image and, with the wrong set of facts, result in legal...more

Torts – Recreational Use Immunity – Consideration Exception

by Low, Ball & Lynch on

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of...more

Diplomatic Community-May 2017

by Kelley Drye & Warren LLP on

Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more

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