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  • Article

    House Bill 311 – Seeking Limitations On Sovereign Immunity

    House Bill 311, sponsored by Rep. Andy Welch (R-McDonough) and passed by both the House and the Senate,
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Petersen v. Argentina: Second Circuit Reversal Highlights Challenges In Sovereign Suits

    First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.
    United StatesLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP
Article

Supreme Court: FSIA's Expropriation Exception Applies Only To Sovereign's Taking Of Foreigner's Property

On February 3, 2021, the Court ruled unanimously that the expropriation exception applies only to a sovereign's taking of a foreign national's property, not to domestic takings.
United StatesLitigation, Mediation & Arbitration
Jones Day
Jones Day
  • Article

    Supreme Court Hears Oral Argument In Hungary v. Simon—The Court's Anticipated Decision Could Clarify Important Aspects Of The FSIA's Expropriation Exception

    On December 3, 2024, the U.S. Supreme Court heard oral argument in Hungary v. Simon. As discussed in a previous client alert, the case concerns whether the U.S. Court of Appeals...
    United StatesLitigation, Mediation & Arbitration
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Declaration Of Sovereign Immunity: Navigating Side Letter Provisions

    We have recently been fielding a number of questions from our lender clients on the application of certain investor side letter provisions on the collateral package...
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    PA Supreme Court Holds That Municipal Stormwater Charge Is A Tax, Not A Fee

    On 30 April 2026, the Pennsylvania Supreme Court (the Court) issued its long-awaited decision in Borough of West Chester v. Pa. State System of Higher Education & West Chester University.
    United StatesGovernment, Public Sector
    K&L Gates
    K&L Gates
  • Article

    Treatment Of Sovereign Immunity Under The Laws Of Hong Kong And Mainland China

    On 1 January 2024, Foreign State Immunity Law of The People's Republic of China ("FSIL") came into effect, changing and clarifying the position of sovereign immunity under the laws of Hong Kong and mainland China.
    GlobalLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Joint Venture Did Not Engage in per se Illegal Price Fixing When it Set Prices for its Own Products.

    In Texaco, Inc. v. Dagher, decided on February 28, 2006, the Supreme Court unanimously held that an economically integrated joint venture may set a single price for its own products sold under the separate brand names of the venture’s members without thereby engaging in unlawful price fixing.
    United StatesAntitrust/Competition Law
    Sutherland Asbill & Brennan LLP
    Sutherland Asbill & Brennan LLP
  • Article

    SDNY District Court Rules Foreign Sovereigns Are Not Immune From Criminal Jurisdiction In U.S. Court

    On October 1, 2020, the SDNY District Court issued an important ruling in U.S. v. Halkbank, holding that foreign state-owned entities ("SOEs") can be subject to criminal jurisdiction
    United StatesCriminal Law
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    Guam v. U.S. And CERCLA Claims In New Jersey

    The recently concluded Supreme Court term was an exciting one for environmental lawyers, as the Court in Guam v. United States made a rare foray into interpreting the Comprehensive Environmental Response...
    United StatesEnvironment
    Riker, Danzig, Scherer, Hyland & Perretti
    Riker, Danzig, Scherer, Hyland & Perretti
  • Article

    D.C. Circuit Holds International Finance Corporation Immune From Suit In Lender Liability Action

    The plaintiffs in Jam asserted that the Tata Mundra power plant in Gujarat, India, caused substantial environmental harms. They sued not the plant's owner-operator but one of its lenders...
    United StatesFinance and Banking
    Jones Day
    Jones Day
  • Article

    Supreme Court Limits Suits Against Foreign States Under FSIA Expropriation Exception

    One generally cannot sue a foreign state in a U.S. court because the Foreign Sovereign Immunities Act (FSIA) presumptively shields foreign states from suit. But the FSIA also sets out narrow exceptions to that presumptive.
    United StatesFinance and Banking
    Arnold & Porter
    Arnold & Porter
  • Article

    Second Circuit Decision Opens The Door To Anti-Terrorism Act Suits Against Foreign States

    On February 4, 2025, the U.S. Court of Appeals for the Second Circuit effectively ruled that foreign states and their agencies and instrumentalities may be sued under the Anti-Terrorism Act (ATA)...
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

    The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Sheppard
    Sheppard
  • Article

    U.S. Supreme Court: Bankruptcy Code Abrogates Tribal Sovereign Immunity

    On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe's attempts to collect on a defaulted debt from a Chapter 13 debtor.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    McGuireWoods LLP
    McGuireWoods LLP
  • Article

    Federal Circuit Ruling Bars Involuntary Joinder Of State Patentees

    Gensetix sued Baylor College of Medicine for infringement of the patents-in-suit and requested that UT voluntarily join the suit as a co-plaintiff.
    United StatesIntellectual Property
    Ropes & Gray LLP
    Ropes & Gray LLP
  • Article

    Pending Bills Threaten International Arbitration

    A subcommittee of the Judiciary Committee of the US House of Representatives approved three bills on July 15, 2008, that would amend or restrict the Federal Arbitration Act.
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Qualified Immunity Reaffirmed: The Supreme Court's Message In Zorn v. Linton

    On March 23, 2026, the U.S. Supreme Court issued a per curiam decision in Zorn v. Linton, 607 U.S. __ (2026), reversing the Second Circuit and reaffirming a foundational principle of qualified immunity jurisprudence...
    United StatesLitigation, Mediation & Arbitration
    Pender & Coward
    Pender & Coward
  • Article

    Recent Developments in Antitrust and Competition Law

    On June 23, 2004, President Bush signed a bill that substantially modifies individuals' and corporations' potential exposure for antitrust violations - increasing the maximum sanctions in certain circumstances and reducing penalties in others.
    United StatesLitigation, Mediation & Arbitration
    Wiggin and Dana LLP
    Wiggin and Dana LLP
  • Article

    This Week At The Ninth: The Antiquities Act And Anti-SLAPP

    This week, the Court considers the President's authority under the Antiquities Act to preclude logging on federal lands that another federal statute contemplated would generally be used as timberlands...
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Showing 281–300 of 535 results

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