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  • Article

    Court Finds Congress Has Waived Governmental Sovereign Immunity For FCRA Violations

    In Kent v. TransUnion, plaintiff Rowdy Kent sued multiple consumer reporting agencies and the United States Defense Finance and Accounting Services for alleged violations of the Fair Credit Reporting Act.
    United StatesLitigation, Mediation & Arbitration
    Troutman Pepper Locke LLP
    Troutman Pepper Locke 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

    D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

    In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Circuit Affirms Sovereign Immunity Does Not Prevent Venue Transfer

    The U.S. Court of Appeals for the Federal Circuit had held that state sovereign immunity principles asserted by a plaintiff do not permit it
    United StatesLitigation, Mediation & Arbitration
    Pearl Cohen Zedek Latzer Baratz
    Pearl Cohen Zedek Latzer Baratz
  • Article

    Federal Officer Removal Statute Keeps Action In California District Court

    The Statute "authorizes removal of a civil action brought against any person acting under an officer of the United States for or relating to any act under color of such office."
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis 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

    Pojoaque’s Plan To Seek An Imposed Compact: Is Interior’s Process Consistent With IGRA?

    The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe.
    United StatesLitigation, Mediation & Arbitration
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    SEC Division Of Corporation Finance Guidance For A Potential Government Shutdown

    The SEC will be closed on December 24th and 25th in observance of the holiday.
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • 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

    The Illinois Supreme Court Opens Door To Claims Against Government Entities For Flood Losses

    Floods lead to costly claims for insurance companies. Unfortunately, subrogated insurers are frequently precluded from pursuing governmental entities that cause flooding...
    United StatesLitigation, Mediation & Arbitration
    Cozen O'Connor
    Cozen O'Connor
  • 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
  • Article

    Tax Court Rules That IRS Too Aggressive In Applying Qualified Appraisal And Qualified Appraiser Standards

    In "Friedberg v. Comm’r", T.C. Memo 2011-238, the Tax Court granted summary judgment for the IRS.
    United StatesTax
    BakerHostetler
    BakerHostetler
  • Article

    Bankruptcy Court Upholds Indian Tribe's Sovereign Immunity

    In a decision published October 19, 2020, Judge Frank J. Bailey of the U.S. Bankruptcy Court for the District of Massachusetts found that an Indian tribe...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    First Circuit Decision Reminds Trademark Owners of the Importance of Claiming Incontestability for Registered Trademarks

    The First Circuit’s recent decision in Borinquen Biscuit Corp. v. M.V. Trading Corp., 2006 U.S. App. LEXIS 8206 (1st Cir. April 4, 2006), illustrates the importance of filing Section 15 affidavits to claim incontestable status for trademarks that have been registered for more than five years.
    United StatesIntellectual Property
    Morrison Foerster
    Morrison Foerster
  • Article

    Georgia Court Allows Trade Secrets Act Claim Against State Agency

    In the case of Board of Regents of the University System of Georgia v. One Sixty Over Ninety, LLC, 2019 WL 2635620 (June 27, 2019), in a case of first impression,
    United StatesIntellectual Property
    Berman Fink Van Horn P.C.
    Berman Fink Van Horn P.C.
  • Article

    Chief Justice Of Georgia Supreme Court Announces Surprise Resignation; Governor Kemp Quickly Appoints Replacement

    The Chief Justice of the Georgia Supreme Court, David E. Nahmias, submitted a letter to Governor Kemp on February 11 announcing that he would be resigning from his position at the conclusion of the Court's term on July 17.
    United StatesLitigation, Mediation & Arbitration
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    New Ruling Serves As Guidepost For Future Claims Involving Cuban Agencies And Instrumentalities

    First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month we share an update on a first-of-its-kind lawsuit brought...
    United StatesLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP
  • Article

    Foreign Sovereign Immunity In International Construction

    For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
    United StatesLitigation, Mediation & Arbitration
    JAMS
    JAMS

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