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Sovereign Immunity Defense Strategies

Womble Bond Dickinson

Recent Supreme Court Activity with Major Implications for Government Contractors

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Two recent Supreme Court matters signal major implications for government contractors. First, the Supreme Court will review whether government contractors can appeal a denial of a sovereign immunity defense in lawsuits...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How the CARES Act Will Help Universities Combat the New Rise of COVID-19 Class Actions

Universities continue to see a rise of COVID-19-related class action lawsuits alleging that campus closures deny students the full benefits of an on-campus college experience. This new wave of class action lawsuits generally...more

Knobbe Martens

Federal Circuit Review - March 2019

Knobbe Martens on

Federal Circuit Determines Time-Barred Petitioner Joined to an IPR Has Appellate Standing - In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a...more

Knobbe Martens

The Federal Circuit Finds Tribal Sovereign Immunity does not Apply in IPR

Knobbe Martens on

On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

My law firm colleagues, Megan Hargraves and Devin Bates, recently authored an article titled: Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery? ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sovereign Immunity in Arkansas: Absolute or Only a Bar to Monetary Recovery?

Earlier this year, the Arkansas Supreme Court handed down a case that reduced the ability to sue the State. See Board of Trustees of the University of Arkansas v. Andrews. This decision has been controversial; it has already...more

Knobbe Martens

PTAB Denies IPR Petition Against the State of Florida Due to 11th Amendment Sovereign Immunity

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In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign immunity applies to inter partes...more

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