News & Analysis as of

Government Agencies Sovereign Immunity

Vinson & Elkins LLP

A New Two-Step Dance: Supreme Court Decision Complicates Relief for Government Grant and Contract Terminations

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Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more

Venable LLP

Setting the Circuit Straight: The Scope of the FTCA's Law Enforcement Proviso after Martin v. U.S.

Venable LLP on

"Wrong-house" raids by law enforcement can cause terror and physical injury, significant property damage, and potentially innocent civilian deaths. Suits for damages almost always follow....more

Carr Maloney P.C.

Supreme Court to Hear Case on Detainee Labor and Sovereign Immunity

Carr Maloney P.C. on

On October 22, 2014, a class action lawsuit was filed by over 60,000 detainees of GEO Group’s Processing Immigration Center against GEO Group Inc. for violating the Trafficking Victims Protection Act and unjustly enriching...more

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

Gray Reed

Bankruptcy Court Blocks GLO’s State Lease Termination

Gray Reed on

In In re Pearl Resources LLC, a Houston bankruptcy court rejected the Texas General Land Office’s attempt to partially terminate state oil and gas leases in Pecos County, despite finding the operator had breached offset well...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Resolves Section 544 Sovereign Immunity Question

We have previously blogged about the Tenth Circuit’s decision in United States v. Miller, a case that concerns the relationship between section 544(b)(1) and section 106(a)(1) of the Bankruptcy Code. As we explained in our...more

Robins Kaplan LLP

What’s Good for the Goose is Good for the Government

Robins Kaplan LLP on

Sterry v. Minnesota Department of Corrections, 8 N.W.3d 224 (Minn. 2024) places Minnesota governmental employers on the same footing as private employers for the purposes of vicarious liability. The State, cities, and...more

Husch Blackwell LLP

U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

Husch Blackwell LLP on

As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”),...more

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

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On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Goldberg Segalla

Federal Court in Louisianna Grants Plaintiff’s Motion for Partial Summary Judgment

Goldberg Segalla on

Jurisdiction: United States District Court for the Eastern District of Louisiana - This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to...more

Zuckerman Spaeder LLP

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

Zuckerman Spaeder LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

BakerHostetler

Sovereign Immunity Is Alive and Well, Even After a Cyberattack

BakerHostetler on

As highlighted in the Data Security Incident Response Report, government entities such as universities, medical centers, public utilities and transportation services companies have become highly sought-after targets of cyber...more

Bilzin Sumberg

Breach of Contract Claim Will Proceed in Tuition Refund Case

Bilzin Sumberg on

In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...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

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

White and Williams LLP

PA Supreme Court Declines to Consider Constitutional Challenge to Statutory Damages Cap Applicable to Commonwealth Agencies

White and Williams LLP on

Pennsylvania law limits the amount of damages recoverable in tort actions against Commonwealth agencies and local agencies under the Sovereign Immunity Act and the Political Subdivision Tort Claims Act, respectively. Pursuant...more

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