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Supreme Court of the United States › Reversal › Sovereign Immunity

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Jones Day

U.S. Supreme Court Rules that Bankruptcy Code Provides Only Limited Abrogation of Sovereign Immunity to Avoidance Actions

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

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Strikes Down Decades-Old Statute Authorizing Copyright Infringement Suits Against States

Skadden, Arps, Slate, Meagher & Flom LLP on

On March 23, 2020, the U.S. Supreme Court ruled unanimously in Allen v. Cooper, 589 U.S. ____, that the Copyright Remedy Clarification Act of 1990 violated the 11th Amendment by purporting to authorize private copyright...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Franchise Tax Board of California v. Hyatt

Faegre Drinker Biddle & Reath LLP on

On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts. In Nevada v. Hall, 440 U.S. 410...more

Dorsey & Whitney LLP

The Supreme Court - April 29, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued the following decision this morning: Thacker v. TVA, No. 17-1201: The Tennessee Valley Authority (“TVA”) is a federally-created and Government-owned corporation that...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Thacker v. Tennessee Valley Authority

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On April 29, 2019, the Supreme Court of the United States decided Thacker v. Tennessee Valley Authority, No. 17-1201, holding that the “sue-and-be-sued” clause that waives the Tennessee Valley Authority’s (TVA) sovereign...more

Fisher Phillips

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

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