News & Analysis as of

Immunity

Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

Segal McCambridge on

In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Marshall Dennehey

Guardian Ad Litem Is Not Immune from Legal Malpractice Claim

Marshall Dennehey on

N.W.M. through J.M. v. Langenbach, --- A.3d --- (Pa. 2024), 2024 WL 2788173 (Pa. May 31, 2024) - The Pennsylvania Supreme Court held that a guardian ad litem (GAL), an attorney appointed to represent the legal interests and...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 7-11, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more

Pierce Atwood LLP

Interlocutory Appeals – Navigating the Pitfalls

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Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial...more

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

Maison Law on

The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more

Mitchell, Williams, Selig, Gates & Woodyard,...

RCRA/11th Amendment: Federal Court Addresses Immunity of Two California Officials

A United States District Court (E.D. California) (“Court”) addressed in a July 31st Order a federal question jurisdiction issue arising out of a Federal Resource Conservation and Recovery Act (“RCRA”) judicial action. See...more

Dorsey & Whitney LLP

The Supreme Court Update - July 2, 2024

Dorsey & Whitney LLP on

On July 1, 2024, the last day of the 2023-2024 term, the Supreme Court of the United States issued four decisions: Trump v. United States, No. 23-939: This case concerns the scope of former President Donald J. Trump’s...more

Holtzman Vogel Baran Torchinsky & Josefiak

Supreme Court Decision on Presidential Immunity in Trump v. United States

On July 1, 2024, the U.S. Supreme Court released its opinion in Trump v. United States. The six-Justice majority concluded that the President of the United States is entitled to at least a presumption of immunity from...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Trump v. United States

On July 1, 2024, the U.S. Supreme Court decided Trump v. United States, No. 23-939, holding that former Presidents are absolutely immune from criminal prosecution for official acts that arise within their “conclusive and...more

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Clark Hill PLC

Colorado Supreme Court Rules That the Economic Loss Rule Has No Bearing on Whether the Colorado Governmental Immunity Act Bars a...

Clark Hill PLC on

In City of Aspen v. Burlingame Ranch II Condo. Owners Ass’n, Inc., 2024 CO 46 (Colo. 2024), the Colorado Supreme Court case clarifies that the economic loss rule (ELR) has no part to play in determining whether the Colorado...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #2

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Game equipment company Sport Squad Inc. deceptively marketed some of its pickleball paddles as approved by the sport’s national governing body even though the approval had been rescinded, a consumer class action alleges....more

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

Mayer Brown on

In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

Fox Rothschild LLP

Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents

Fox Rothschild LLP on

More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more

WilmerHale

2024 Trade Secret Update: Whistleblower Protections in the Northern District of California

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WilmerHale lawyers advise clients on every aspect of trade secret law from contracts to complex litigation. Below please find a short update on an important development in trade secret whistleblower protections in the...more

Ervin Cohen & Jessup LLP

Is a receiver’s property manager protected by the Barton Doctrine and quasi-judicial immunity

Q: I was appointed receiver over a manufacturing facility. I operated it for a short time and then obtained court authority to sell it. I netted $1.4 million from the sale....more

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Fox Rothschild LLP

Petition Alert: NC Supreme Court to Examine Scope of Immunity for Covid-Era Healthcare

Fox Rothschild LLP on

The North Carolina Supreme Court today agreed to review a Court of Appeals decision limiting the immunity enjoyed by healthcare professionals under a Covid-era statute. In May 2020, the pandemic was raging. Our General...more

Cranfill Sumner LLP

The Department of Justice Unveils Groundbreaking Pilot Program: Incentivizing Whistleblowers with Immunity

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On April 15, 2024, the Department of Justice (“DOJ”) released an internal memo introducing a Pilot Program on Voluntary Disclosures intended to encourage individuals – from executives to lower-level employees – to report...more

Fisher Phillips

Florida Passes Cybersecurity Data Breach Immunity Law: 3 Things Businesses Need to Know – and 3 Things to Do

Fisher Phillips on

Florida lawmakers recently passed a law that provides businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they meet a few critical obligations. The bill is...more

Locke Lord LLP

Ringless Voicemail Service Provider Protected by Strong Ruling on Section 230 Immunity

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In a case that could have broad implications for telecommunications platforms, telemarketing, and privacy law, Stratics Networks Inc. (Stratics), an interactive communications software corporation offering ringless voicemail...more

Morrison & Foerster LLP - Social Media

Social Links: April 2024

As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more

Walkers

Trusts and state immunity – can a nation state be trustee?

Walkers on

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court...more

Conyers

Trustee's Duty and Anti-Bartlett Clauses - The Ivanishvilli Redux

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Just when trustees are feeling safe to go back into the water after the Hong Kong Court of Final Appeal spoke in Zhang Hong Li v. DBS Bank (Hong Kong) Ltd [2019] along comes Ivanishvilli v. Credit Suisse Trust Ltd [2023]...more

Faegre Drinker Biddle & Reath LLP

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity...more

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