News & Analysis as of

Immunity Sovereign Immunity

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

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In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

Troutman Pepper

Seventh Circuit Affirms Dismissal, Finding Entity Entitled to Arm of the Tribe Sovereign Immunity & Adopting Breakthrough Factor...

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On June 29, the Seventh Circuit Court of Appeals affirmed the Western District of Wisconsin’s decision that an entity created under tribal law was entitled to immunity as an arm of the tribe and dismissed claims characterized...more

Miles Mediation & Arbitration

A Plaintiff’s Primer: Four Issues to Consider When Suing Governmental Entities in Georgia

Bringing a lawsuit is often a relatively simple procedure. You identify the defendant and properly serve process on the person or organization (or, possibly both) who you believe to be responsible for the event that damaged...more

Husch Blackwell LLP

Texas Supreme Court Maintains Tort Claims Act's Minimum Cap for Governmental Entities

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On December 30, 2022, the Supreme Court of Texas published its opinion in Gulf Coast Center v. Curry, concluding that the trial court had no jurisdiction to enter an award of $216,000 in a personal injury action against a...more

Proskauer - Minding Your Business

Expanding FSIA to Criminal Cases Would Not Save a Turkish Bank from U.S. Prosecution, Holds the Second Circuit

The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (“FSIA”) is immediately appealable under the collateral-order doctrine but concluded...more

Husch Blackwell LLP

Governmental Immunity Bars Suit Against Dallas County Sheriff For COVID-19 Response

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In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege ultra vires conduct—that the government official acted without...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Rewrites The Rules, Lifting Restrictions On The Immediate Appeal Of Orders Denying Absolute, Qualified, Or...

Florida Supreme Court rewrites the rules, lifting restrictions on the immediate appeal of orders denying absolute, qualified, or sovereign immunity. For those who have kept abreast of the latest opinions issued by the...more

Rumberger | Kirk

Florida Makes It Easier to Appeal Non-Final Orders Denying State Immunity

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Impact of Amendments to Florida Rule of Appellate Procedure 9.130 and Florida Highway Patrol v. Jackson on Governmental Entities and Employees If you are a State Agency,  City, County, Sheriff’s Office, School Board, Police...more

Carlton Fields

Florida Supreme Court Opens the Door to New Class of Interlocutory Appeals

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On January 23, 2020, the Florida Supreme Court changed the Florida Rules of Appellate Procedure to create a new class of interlocutory appeals and expand the right to bring other appeals from nonfinal orders....more

Dorsey & Whitney LLP

The Supreme Court - May 13, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions this morning: Apple, Inc. v. Pepper, No. 17-204: Apple’s App Store is the only place iPhone users may lawfully buy apps. Although Apple sells the apps...more

Searcy Denney Scarola Barnhart & Shipley

Sovereign Immunity — Punishing the Innocent Injured

Sovereign Immunity — the STATE against the Injured - Antiquated Law Should Disappear from the Books - “The King can do no wrong” or as stated in Latin, “rex non potest peccare”. The legal maxim is also called “Crown...more

Kelley Drye & Warren LLP

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

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

McDermott Will & Emery

Sovereign Immunity Can Shield State University Research Foundations in PTAB Proceedings

McDermott Will & Emery on

Addressing the application of the sovereign immunity defense under the 11th Amendment in the inter partes review (IPR) context, the Patent Trial and Appeal Board (PTAB) dismissed three IPR petitions, finding that the...more

Winstead PC

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Poyner Spruill LLP

NC Supreme Court Confirms Application of Sovereign Immunity for Local Governments

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Wilson County was found to have immunity from negligence claims for a visitor’s injuries sustained while he exited the county administrative building according to the North Carolina Supreme Court in a June 12, 2014 opinion. ...more

King & Spalding

U.S. Supreme Court Decisions Clarify Post-Judgment Remedies Against Foreign Sovereigns

King & Spalding on

On June 16, 2014, the U.S. Supreme Court issued two decisions in Republic of Argentina v. NML Capital, Ltd., one of the many cases to have arisen out of Argentina’s 2001 default on over $100 billion in sovereign bonds. While...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republic of Argentina v. NML Capital, Ltd.

On June 16, 2014, the United States Supreme Court held that the Foreign Sovereign Immunities Act (FSIA) does not prevent a judgment creditor from conducting postjudgment discovery into a foreign sovereign's assets outside the...more

Morrison & Foerster LLP

Supreme Court Holds that the FSIA Does Not Limit Post-Judgment Discovery

In its latest decision interpreting the Foreign Sovereign Immunities Act (FSIA), the Supreme Court made clear that any claim of immunity by a foreign state must rise or fall based on the text of the FSIA. Because the FSIA...more

Sheppard Mullin Richter & Hampton LLP

Argentina's financial fate now depends on the U.S. Supreme Court

The Second Circuit has affirmed the injunctions against Argentina in NML Capital, Ltd. v. Republic of Argentina, a case that we have been following in this blog although the amended injunctions shall be stayed pending the...more

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