News & Analysis as of

Sovereign Immunity Judicial Authority

Haynes Boone

Arbitration in the Fifth – June 2025

Haynes Boone on

June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

McAfee & Taft

Gavel to Gavel: Officers working on tribal land may be immune to claims

McAfee & Taft on

The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...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

Snell & Wilmer

U.S. Supreme Court Denies Tribal Gaming Compact Challenge and Protects Tribal Sovereignty

Snell & Wilmer on

In a victory for the Washington gaming tribes, the United States Supreme Court denied Maverick Gaming LLC’s (Maverick) petition for a writ of certiorari (cert) in upholding the Ninth Circuit’s decision in Maverick Gaming LLC...more

Sullivan & Worcester

Chapman Law Review Article Spotlights Recent Supreme Court Missteps on Sovereign Immunity and Cultural Property, Calls for...

Sullivan & Worcester on

I am proud to announce the publication in the Chapman Law Review of my article: “Turnabout is Foul Play: Sovereign Immunity and Cultural Property Claims”. As the article explains, the Roberts Court has contorted beyond...more

Carlton Fields

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Limits Trustee Avoidance Powers in U.S. v. Miller - Section 106(a) Doesn’t Waive Sovereign Immunity for...

Section 106(a) Doesn’t Waive Sovereign Immunity for State-Law-Based Section 544(b) Claims - The U.S. Supreme Court has significantly curtailed bankruptcy trustees’ powers in United States v. Miller, 145 S. Ct. 839 (2025). In...more

Dorsey & Whitney LLP

The Supreme Court Update - March 27, 2025

Dorsey & Whitney LLP on

Yesterday, the Supreme Court of the United States issued two decisions: Bondi v. VanDerStok, No. 23-852: This case addresses a statutory challenge to ATF regulations designed to prohibit ghost guns—privately made...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

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