News & Analysis as of September 20, 2024

Supreme Court of the United States › Sovereign Immunity

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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 -

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

Foley Hoag LLP on 8/22/2024

Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

Corner Postscript: Implications of the Supreme Court Decisions in Loper-Bright and Corner Post

Zuckerman Spaeder LLP on 7/3/2024

Together, the Supreme Court’s decisions in Loper-Bright and Corner Post open a path to attack federal regulations issued by agencies (and upheld by courts) many years ago. As Justice Jackson put it in her Corner Post dissent:...more

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

Troutman Pepper on 4/30/2024

Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation,...more

Supreme Court Unanimously Rules States Cannot Enforce Section 3 of the 14th Amendment to Disqualify a Presidential Candidate -...

Epstein Becker & Green on 3/5/2024

To the surprise of no one connected with the case, or who just listened to the oral argument, the Supreme Court, in a per curiam opinion (i.e., unanimously), decided the case of Trump v. Anderson, holding that states have no...more

Supreme Court: Government Agencies Can Be Liable Under FCRA for Credit Reporting Errors

Fox Rothschild LLP on 2/14/2024

The U.S. Supreme Court has ruled that federal government agencies can be held liable under the Fair Credit Reporting Act when they fail to investigate or correct inaccurate information furnished to credit reporting agencies. ...more

A Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today

Epstein Becker & Green on 2/9/2024

Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more

The Supreme Court Update - February 8, 2024

Dorsey & Whitney LLP on 2/9/2024

The Supreme Court of the United States issued two decisions today: Murray v. UBS Securities, LLC, No. 22-660: This case concerns the elements required to prove an employer retaliated against a whistleblower employee in...more

Kentucky Court Grants Injunction on Small Business Lending Rule

Sheppard Mullin Richter & Hampton LLP on 9/18/2023

On September 14, U.S. District Court for the Eastern District of Kentucky granted a motion brought by the Kentucky Bankers Association (KBA) and eight Kentucky-based banks (plaintiffs), seeking a preliminary injunction...more

U.S. Supreme Court Bankruptcy Roundup - July 2023

Jones Day on 7/28/2023

Since May 2023, the U.S. Supreme Court has issued three decisions addressing or potentially impacting issues of bankruptcy law. These included rulings concerning the abrogation of sovereign immunity for Native American tribes...more

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake...

Quarles & Brady LLP on 7/26/2023

The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for...more

SCOTUS Bankruptcy Decision Roundup

Mintz - Bankruptcy & Restructuring Viewpoints on 7/10/2023

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below,...more

Connecting Dots

Bricker Graydon LLP on 7/5/2023

This is a story that connects some dots we might well imagine have no connection: a 19th century murder, a 21st century adoption, Native tribal sovereignty, Supreme Court Justices past and present, and a law firm where we...more

Bankruptcy Implications of Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

Faegre Drinker Biddle & Reath LLP on 6/28/2023

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. v. Coughlin. The case involved a tribal entity, “Lendgreen,” that lent an individual, Brian Coughlin, “$1,100 in...more

U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

McGuireWoods LLP on 6/27/2023

On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor....more

The Supreme Court Abrogates Tribal Immunity in Bankruptcy Proceedings

Miller Nash LLP on 6/26/2023

On June 15, 2023, Justice Jackson led the majority in an 8-1 decision holding that the Bankruptcy Code abrogates federally recognized tribes’ sovereign immunity. The decision has significant implications for tribal creditors...more

Supreme Court Determines Section 106(a) of the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes

Snell & Wilmer on 6/23/2023

On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native...more

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

Holland & Knight LLP on 6/22/2023

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

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

Bradley Arant Boult Cummings LLP on 6/21/2023

Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation...more

Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity

Troutman Pepper on 6/21/2023

In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin after the First Circuit barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation...more

The Supreme Court Update - June 20, 2023

Dorsey & Whitney LLP on 6/21/2023

The Supreme Court of the United States granted certiorari in one case: Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846: This case addresses a circuit split on the ability to sue the...more

Supreme Court Decides Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin

Faegre Drinker Biddle & Reath LLP on 6/19/2023

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

Sheppard Mullin Richter & Hampton LLP on 6/19/2023

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more

The Supreme Court Update - June 15, 2023

Dorsey & Whitney LLP on 6/16/2023

The Supreme Court of the United States issued 3 decisions today: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin,No. 22-227: This statutory interpretation and federal Indian law case addressed the...more

The Supreme Court Update - May 11, 2023

Dorsey & Whitney LLP on 5/12/2023

Today, the Supreme Court of the United States issued five decisions: National Pork Producers Council v. Ross, No. 21-468: This case involved a constitutional challenge to California’s “animal cruelty law” known as...more

Supreme Court Decides Financial Oversight Board v. CPI

Faegre Drinker Biddle & Reath LLP on 5/12/2023

On May 11, 2023, the U.S. Supreme Court decided Financial Oversight Board v. CPI, No. 22-96, holding that the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) does not abrogate sovereign immunity of the...more

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Supreme Court of the United States › Sovereign Immunity

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