LexisNexis® Legal Newsroom
Second Circuit, Sharing District Court’s “Irritation” at Argentina’s Refusal to Pay Its Creditors

By Louis M. Solomon NML Capital, Ltd., et al. v. Banco Central de la Republica Argentina (BCRA) , et al., Dkt. Nos. 10-1487-cv-L, et al. (2d Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] addresses what the Court...

Ninth Circuit Refuses to Permit Case Involving Peppercorns and Trochus Buttons Proceed Against the Sovereign State of Pohnpei

By Louis M. Solomon AHPW, Inc., et al. v. State of Pohnpei, et al. , No. 09-17871 (9th Cir. Jun. 2011) (unpublished) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], addresses several common issues that arise in the context of international...

D.C. Circuit Upholds Dismissal of Claims against Iran Precluded by the Algiers Accords

Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action By Louis M. Solomon Roeder, et al. v. Islamic Republic of Iran and the U.S. , No. 10-5355 (D.C. Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version...

Ballard Spahr LLP: 7th Circuit Ruling Affects State, State University Challenges and Appeals of TTAB Decisions

By Robert R. Baron, Jr. , Katrina M. Quicker and Andrew M. Stern A recent decision by the U.S. Court of Appeals for the Seventh Circuit has changed the calculus used by states and state universities when deciding how to challenge and appeal a determination by the Trademark Trial and Appeal...

District Court Finds Chabad Compliant with Post-Judgment Enforcement Procedures

By Louis M. Solomon Rules that Cultural Exchange Property Is Not Subject to Seizure under FSIA; and Denies Sanctions without Prejudice Agudas Chasidei Chabad of United States v. Russian Federation, et al . , 05-cv-1548 (RCL) (D.D.C. July 2011) [ enhanced version available to lexis.com subscribers...

U.K. Arbitral Award Recognized, and Resulting U.K. Money Judgment Enforced, By U.S. Court against Nigeria; FSIA Issues Ignored

By Louis M. Solomon Continental Transfert Technique Limited v. Federal Government of Nigeria , Civil Action No. 08-2026 (D.D.C. Aug. 2011), [ enhanced version available to lexis.com subscribers ] grants summary judgment in favor of a plaintiff to enforce both an arbitral award and a money judgment...

Personal Jurisdiction Exists Only Where Venue Proper; Claim Against Bank of China Severed and Transferred To S.D.N.Y.

By Louis M. Solomon Wultz v. Islamic Republic of Iran , 08-cv-1460 (RCL) (D.D.C. Jan. 2011) [ enhanced version available to lexis.com subscribers ], is the opinion on reconsideration of an earlier decision, which we posted on because of its rulings on the pleading of causation in a claim to overcome...

Another Court Permits “Indirect” Takings Claim To Proceed Against Non-U.S. Sovereign despite Foreign Sovereign Immunities Act

By Louis M. Solomon Victims of the Hungarian Holocaust v. Hungarian State Railways (HSR) , No. 10 C 868 (N.D. Ill. July 2011) [ enhanced version available to lexis.com subscribers ], address claims against an instrumentality of the Government of Hungary that allegedly "played a role in the...

2nd Circuit Affirms Application of Sovereign Immunity at Judgment Enforcement, Permitting Defense To Be Asserted Even in Absence of Sovereign

By Louis M. Solomon Walters v. Industrial and Commercial Bank of China, Ltd, et al . , Dkt. No. 10-806-cv (2d. Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , reiterates the clear and narrow bases for attaching...

Spanish War Ship Sunk Since 1804, and Its Cargo, Immune from Suit in U.S. Under FSIA

By Louis M. Solomon Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al. , No. 10-10269 (11th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], offers a glimpse into the fascinating world...

U.S. High Court Majority Upholds State's Immunity From Employee's Bias Suit

WASHINGTON, D.C. - (Mealey's) A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split U.S. Supreme Court ruled March 20, affirming a decision...

Missouri: Appeals Court Remands Retaliation Claim by State Employees

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could not pursue a discrimination claim under 287.780 because...

Insurer Entitled to Credit for Third Party Recovery in Porta-Potty Injury Case: Cal. Comp. Cases May Advanced Postings (5/12/12)

Here’s the next batch of advanced postings for the May 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Pedro Gonzalez, Petitioner v. Workers' Compensation Appeals...

UMass’ Sovereign Immunity / Subject Matter Jurisdiction Argument Fails in RNA Patent Dispute with University of Utah

University of Utah Requests Order Requiring Correction of Inventorship Last week, the District of Massachusetts rejected a motion to dismiss the University of Utah's (UUtah) RNA patent complaint against state officials at the University of Massachusetts (UMass) and other research institutes...

U.S. High Court: Little Tucker Act Doesn't Waive Government's Sovereign Immunity

WASHINGTON, D.C. - (Mealey's) The Little Tucker Act doesn't waive the U.S. government's sovereign immunity when it comes to damages actions filed under the Fair Credit Reporting Act (FCRA), a unanimous U.S. Supreme Court ruled Nov. 13 ( United States of America v. James X. Bormes , No. 11...

U.S. High Court: Little Tucker Act Doesn’t Waive Government’s Sovereign Immunity

WASHINGTON, D.C. - (Mealey's) The Little Tucker Act doesn't waive the U.S. government's sovereign immunity when it comes to damages actions filed under the Fair Credit Reporting Act (FCRA), a unanimous U.S. Supreme Court ruled on Nov. 13 ( United States of America v. James X. Bormes ,...

University of Arizona Immune to Counterclaims in Ansel Adams Trademark Case

Last week, the 9th Circuit found the University of Arizona immune to counterclaims filed by trademark defendants accused of wrongfully selling prints called "Ansel Adams Lost Negatives." Ansel Adams Publ Rights Trust v. PRS Media Partners, LLC , 2012 U.S. App. LEXIS 25896 (9th Cir. Cal. Dec...

U.S. Supreme Court Hears Arguments on Immunity of Prisoner Officers

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer acting within the scope of his or her employment...

Supreme Court Hears Arguments On Immunity Of Correctional Officers

WASHINGTON, D.C. - (Mealey's) Section 26809(h) of 28 U.S. Code clearly provides a waiver of sovereign immunity and "extends the waiver to any claim for one of the six enumerated torts committed by a Federal investigative or law enforcement officer acting within the scope of his or her employment...

FTCA Bars Defamation Claims Against Federal Government

If you work for the federal government and a co-worker spreads false and malicious rumors about you that damage your reputation, it will be very difficult to pursue a claim for libel or slander against the individual in question. The recent Maryland case of Shake v. Gividen [ an enhanced version...

U.S. High Court: Prison Officers Not Immune from Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

U.S. High Court: Prison Officers Not Immune From Assault Claims

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office or employment," a unanimous U.S. Supreme...

Fourth Circuit Considers Immunity Issues in Discrimination Suit

by Allison B. Williams Recently, in the matter of McCray v. Maryland Dept. of Transportation [ an enhanced version of this opinion is available to lexis.com subscribers ], the Fourth Circuit had the opportunity to consider whether sovereign immunity or legislative immunity applied to a discrimination...

Federal Court Limits Tribe’s, Secretary’s Options When State Balks at Gaming Compact

by Christine Swanick and Wilda Wahpepah A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a Tribal-State Compact are invalid...

Potential Liability of Governments for Failure to Prepare for Climate Change

As governments turn a blind eye to the accumulating risks of climate change, do they expose themselves to potential legal liability? A new working paper by former Sabin Center fellow Jennifer Klein explores three possible legal claims against state and local governments for their failure to prepare for...