News & Analysis as of

Sovereign Immunity Corporate Counsel Supreme Court of the United States

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Roetzel & Andress

U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

Roetzel & Andress on

The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in...more

Holland & Hart LLP

Sovereign States Pitted Against Sovereign Tribes in Recent Federal District Court Decision

Holland & Hart LLP on

On September 3, 2021, in a potentially far-reaching decision, the U.S. District Court in Minnesota decided that it could not intervene in a case brought by tribal members suing the State of Minnesota for a pipeline permit...more

Jones Day

Supreme Court: FSIA's Expropriation Exception Applies Only to Sovereign's Taking of Foreigner's Property

Jones Day on

The Situation: On July 10, 2018, the D.C. Circuit held that the Foreign Sovereign Immunities Act's ("FSIA") expropriation exception to sovereign immunity extended to a sovereign's taking of its own nationals' property in an...more

Harris Beach Murtha PLLC

Important 2020 Patent Law Decisions from the Court of Appeals for the Federal Circuit

Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more

King & Spalding

Supreme Court Addresses Expropriation Exception to Foreign Sovereign Immunity

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On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Jones Day

Key Patent Decisions of 2018

Jones Day on

In another noteworthy year for patent law, the U.S. Supreme Court and the Federal Circuit issued several decisions that altered the patent landscape, including three Supreme Court decisions and three en banc Federal Circuit...more

Mintz - Intellectual Property Viewpoints

Significant 2018 Patent Decisions and a Look Ahead

This year the Supreme Court, United States Court of Appeals for the Federal Circuit, and the Federal District Courts penned a number of opinions impacting patent law. Here are some key takeaways from the past year....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Fisher Phillips

April 2017: The 13 Biggest Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

Littler

U.S. Supreme Court Holds Sovereign Immunity Does Not Protect Tribal Employee Sued Individually

Littler on

On April 25, 2017, by unanimous vote (8-0) vote, the U.S. Supreme Court ruled that a Native American tribe’s sovereign immunity from lawsuits does not extend to a tribal employee sued over actions he took within the scope of...more

Kilpatrick

The Supreme Court’s Decision in Lewis v. Clarke Potentially Opens the Door of Tort Liability for Tribal Employees

Kilpatrick on

On April 25, 2017, the Supreme Court announced its decision in Lewis v. Clarke, holding that tribal sovereign immunity does not bar individual-capacity damages actions against tribal employees for torts committed within the...more

King & Spalding

Supreme Court Clarifies the Scope of Application of Commercial Activity Exception to Foreign Sovereign Immunity

King & Spalding on

On December 1, 2015, the United States Supreme Court issued its decision in OBB Personenverkehr AG v. Sachs a case presenting important questions concerning the types of commercial activities that may strip foreign states and...more

Eversheds Sutherland (US) LLP

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

K&L Gates LLP

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

K&L Gates LLP on

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

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