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  • Article

    Johnson v. REI – Washington Court of Appeals Agrees to Review Whether the Seller of a Product That Bears the Seller’s Brand Name May Attribute Fault to the Product’s Manufacturer

    In a move with implications for all retailers that sell products under their own brand names in the State of Washington, Division 1 of Washington’s Court of Appeals has agreed to hear an interlocutory appeal in Monika Johnson v. Recreational Equipment, Inc., Case No. 65463-2-1.
    United StatesConsumer Protection
    Perkins Coie LLP
    Perkins Coie LLP
  • Article

    Jaden Rashada's Claims Move Forward In Major NIL Litigation: Rashada v. Hathcock Et Al.

    On April 8, 2025, Judge M. Casey Rodgers of the U.S. District Court for the Northern District of Florida ruled that the majority of claims...
    United StatesCriminal Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Advertising Falls Within Commercial Activity Exception To Sovereign Immunity

    The US Court of Appeals for the Second Circuit affirmed a district court's denial of a motion to dismiss a copyright infringement suit on the ground of sovereign immunity...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Sanctions Lifted Against Libya, Imposed Against Syria And Enforced Against Bobby Fischer: What’s Going on?

    The two primary U.S. agencies charged with administering and enforcing U.S. sanctions and export control policies are the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS).
    United StatesInternational Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Magistrate Judge Cave: Eleventh Amendment Sovereign Immunity Bars Enforcement Of Document Subpoena To NY Attorney General's Office

    Last week, Magistrate Judge Cave ruled that the New York Attorney General's Office was protected from having to comply with a document subpoena under Eleventh Amendment sovereign immunity...
    United StatesLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP
  • Podcast

    Seventh Circuit Roundup: Collateral Order Doctrine Meets Church Autonomy Doctrine And Takings Meets State Sovereign Immunity (Podcast)

    Mark and Kian return to discuss two of the Seventh Circuit's March 2024 opinions.
    United StatesLitigation, Mediation & Arbitration
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Supreme Court Puts Brakes On Interstate Sovereign Immunity For State-Created Corporations

    In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity.
    United StatesLitigation, Mediation & Arbitration
    Nossaman LLP
    Nossaman LLP
  • Article

    Kelley Drye Receives Unanimous (9-0) Decision In Favor Of Guam In CERCLA Supreme Court Case

    On May 24, 2021, Justice Clarence Thomas delivered a unanimous decision for the Supreme Court of the United States in the case of Territory of Guam v The United States, brought on behalf of Guam...
    GlobalEnvironment
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Process Improvements Not A Basis To Establish Scienter: District Court Grants Summary Judgment To Defendants

    In a January 10, 2019, decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of "knowledge" ...
    United StatesCorporate/Commercial Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Plaintiff Lessors Bear Burden Of Proof In Royalty Breach Claim

    In the Tennant v. Range Res. Appalachia decision issued on Sept. 21, 2021, Judge Hardy of the Western District of Pennsylvania determined...
    United StatesEnergy and Natural Resources
    Porter Wright Morris & Arthur
    Porter Wright Morris & Arthur
  • Article

    Supreme Court Upholds Interstate Pipeline Eminent Domain Powers Over State Immunity

    In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)...
    United StatesEnergy and Natural Resources
    Holland & Knight
    Holland & Knight
  • Article

    Connecticut Supreme Court Holds Lender Entitled To Tribal Sovereign Immunity As An "Arm Of The Tribe"

    In a case of first impression, the Connecticut Supreme Court recently held that that (1) an entity claiming "arm of the tribe" status for purposes of tribal sovereign immunity bears the burden of proving entitlement to that status;
    United StatesFinance and Banking
    Riker, Danzig, Scherer, Hyland & Perretti
    Riker, Danzig, Scherer, Hyland & Perretti
  • Article

    Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity

    The Supreme Court is set to hear the case of Allen v. Cooper which addresses the constitutionality of the Copyright Remedy Clarification Act ("CRCA").
    United StatesIntellectual Property
    Weintraub Tobin Chediak Coleman Grodin Law Corporation
    Weintraub Tobin Chediak Coleman Grodin Law Corporation
  • Article

    Thee I Dismiss: No Love For Failure To Add Necessary Party

    After concluding that a trademark owner's case for failure to add a necessary party was untenable, the US Court of Appeals for the Fifth Circuit affirmed a district court's dismissal of the case...
    United StatesIntellectual Property
    McDermott Will & Emery
    McDermott Will & Emery
  • 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

    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

    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

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