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  • Article

    Build America Bond Update: Power Agencies Petition U.S. Supreme Court To Review Federal Circuit Sequestration Ruling

    On July 13, 2023, the plaintiffs in Indiana Mun. Power Agency v. United States filed a petition for a writ of certiorari with the U.S. Supreme Court for review of a ruling by the United States Court of Appeals...
    United StatesLitigation, Mediation & Arbitration
    Kutak Rock LLP
    Kutak Rock LLP
  • Article

    Oral Argument In Supreme Court Case Involving U.S. Prosecution Of State-Owned Entity Shows Justices May Remand To Have Lower Court Consider Common Law Immunity

    On January 17, 2023, the Supreme Court heard oral argument in Turkiye Halk Bankasi A.S. v. United States. This case involves the U.S. prosecution of Halkbank, a commercial bank majority-owned by Turkey.
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    PTAB's Sovereign Power Superior To State/Tribes

    In advance of the upcoming hearing, the U.S. Dept. of Justice has filed its amicus brief supporting the agency's decision to deny immunity.
    United StatesLitigation, Mediation & Arbitration
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Structure Over Labels: Supreme Court Rejects NJ Transit's Sovereign Immunity Claim

    This week, the U.S. Supreme Court issued a unanimous decision in Galette v. New Jersey Transit Corporation, 607 U.S. ___ (2026).
    United StatesLitigation, Mediation & Arbitration
    Genova Burns
    Genova Burns
  • Article

    The FCA And Its Anti-Retaliation Provision Yields To Tribal Immunity

    It is not often that the False Claims Act (FCA) encounters a gating issue like tribal sovereign immunity, but late last month, the Seventh Circuit published an insightful opinion highlighting the boundaries...
    United StatesLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter
  • Article

    This Week At The Ninth: Tribal Sovereign Immunity

    This week, the Ninth Circuit takes a deep look at tribal sovereign immunity.
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    Tribal Immunity In IPR Is Dealt A Death Blow By The Federal Circuit

    The Federal Circuit issued its decision in Saint Regis Mohawk Tribe et al v. Mylan Pharmaceuticals Inc., et al (18-1638) on July 20, 2018.
    United StatesLitigation, Mediation & Arbitration
    Oblon
    Oblon
  • Article

    TCPA Claim Defense Bites The Dust

    A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act ("TCPA") claims.
    United StatesMedia, Telecoms, IT, Entertainment
    Klein Moynihan Turco LLP
    Klein Moynihan Turco LLP
  • Article

    Court Allows Trade-Secret Misappropriation Claim Based On Inevitable Disclosure

    A recent decision by the U.S. District Court for the Northern District of Illinois allowed one company to sue its direct competitor for misappropriation of trade secrets based entirely on the improper...
    United StatesIntellectual Property
    Holland & Knight
    Holland & Knight
  • Article

    Arguing Sovereign Immunity In A CR 52 Motion For Judgment Can Eliminate Wasteful & Unnecessary Litigation In Kentucky

    Sovereign immunity is a complete shield from liability regularly raised by governmental agencies.
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Sovereign Immunity In Kentucky: A Two-Pronged Analysis

    The principle of sovereign immunity has existed since the inception of common law societies to protect the state from tort liability. In the United States, the government is immune...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    “Time Does Not Run Against The King” –- Arizona Supreme Court Confirms Government Entity Plaintiffs Are Not Bound By A.R.S. § 12-821’s One-Year Statute Of Limitations

    The Arizona Supreme Court has ruled that the one-year statute of limitations does not apply when a government entity sues another government entity, preserving the common-law doctrine of nullum tempus occurrit regi. This landmark decision in City of Chandler v. Roosevelt Water Conservation District provides public entities with greater flexibility to resolve intergovernmental disputes without the pressure of a strict one-year filing deadline.
    United StatesLitigation, Mediation & Arbitration
    Fennemore Craig, P.C.
    Fennemore Craig, P.C.
  • Article

    Expanding FSIA To Criminal Cases Would Not Save A Turkish Bank From U.S. Prosecution, Holds The Second Circuit

    The Second Circuit recently held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act ("FSIA") is immediately appealable under the collateral-order doctrine but concluded...
    United StatesCriminal Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Says "I Can't Hear You" To 3M Company's Efforts To Invoke Government Contractor Defense To Defective Earplug Claims

    3M Company tested that proposition and lost in multidistrict litigation involving design defect and failure to warn claims over earplugs issued to members of the United States military.
    United StatesGovernment, Public Sector
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Court Holds That Acceptance Rule And Economic Loss Doctrine Did Not Bar Claim Brought By Real Estate Purchaser

    In a prior post, we highlighted a decision from the Indiana Supreme Court's applying the so-called "acceptance rule," which shields contractors from liability...
    United StatesLitigation, Mediation & Arbitration
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Florida's New Law Overhauls Public Sector Labor Laws Related To Dues Deduction And Labor Organization Registration

    On May 9, 2023, Governor Ron DeSantis signed into law Senate Bill 256, which overhauls Florida's Public Employees Relations Act, implementing significant changes to procedures related to dues authorization and deduction...
    United StatesLitigation, Mediation & Arbitration
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    SEC Regulation In A Non-Regulatory Environment

    With Paul Atkins as the new SEC Chair, the agency's priorities have shifted away from many of the aggressive policies of former Chair Gensler. The first four months of the Republican controlled SEC saw a dramatic shift...
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Holds Common-Law Foreign Sovereign Immunity Does Not Save Halkbank From Criminal Prosecution

    On remand from the U.S. Supreme Court, the Second Circuit ruled that Halkbank, a commercial bank majority owned by Turkey...
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    This Week At The Ninth: Controlled Burns

    This week, the Ninth Circuit addresses the United States' immunity from suit for fire suppression efforts.
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    Illinois Supreme Court Finds That Biometric Information Privacy Act Claims Accrue With Each And Every Violation

    This opinion follows a recent Illinois Supreme Court decision that found a five-year limitations period for BIPA claims.
    United StatesPrivacy
    WilmerHale
    WilmerHale

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