JD Supra

Taking Apart Section 544(b): Supreme Court Clarifies Scope of Sovereign Immunity in Avoidance Actions

On March 26, 2025, the Supreme Court held in an 8‑to‑1 decision authored by Justice Ketanji Brown Jackson that Section 106(a) of the Bankruptcy Code waives the federal government’s sovereign immunity ...
IPWatchdog

Ninth Circuit Says Group of Chinese Companies Indicted for Trade Secret Theft Failed Foreign Sovereign Immunity Test

“The mere fact that a foreign state owns and controls a corporation is not sufficient to bring the corporation within the ambit of § 66(g).” – Ninth Circuit A group of Chinese companies struck out for ...
JD Supra

Ninth Circuit Holds That Tribal Officials Cannot Claim Sovereign Immunity or Qualified Immunity Under the Prevent All Cigarette Trafficking Act

Recently, the Ninth Circuit Court of Appeals held that tribal officials could not claim sovereign immunity or qualified immunity from potential liability for failure to remit taxes on cigarette sales ...
Law

An Unforeseen Obstacle? How the Doctrine of Foreign Sovereign Immunity May Impede the DOJ’s Enforcement Efforts Against Foreign Actors

This article focuses on the doctrine of Foreign Sovereign Immunity, as promulgated under both the Foreign Sovereign Immunities Act (FSIA) and the common law. The authors use the recent Supreme Court ...
Law

High Court Says State Retains Quasi-Judicial Immunity Defense

High Court Says State Retains Quasi-Judicial Immunity Defense "The plain language of § 4-160 unambiguously puts the state in the same position as a private person once sovereign immunity is waived, ...