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Supreme Court of the United States › Eleventh Amendment

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

Troutman Pepper on

Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation,...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

Opportune LLP on

Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

Morgan Lewis - Power & Pipes on

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court to Decide Eminent Domain Case

Foley Hoag LLP - Energy & Climate Counsel on

The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline...more

Manatt, Phelps & Phillips, LLP

Supreme Court: States Generally Immune From Copyright Infringement

Manatt, Phelps & Phillips, LLP on

In Allen v. Cooper, the Supreme Court held that the copyright clause in the U.S. Constitution did not authorize Congress to abrogate states’ Eleventh Amendment immunity from copyright infringement. In addition, Congress’s...more

Bricker Graydon LLP

Copyrights and state sovereignty: U.S. Supreme Court removes monetary damages for state actor infringement

Bricker Graydon LLP on

On March 23, 2020, a unanimous, if slightly fractured, Supreme Court ruled in Allen v. Cooper, 140 S. Ct. 994 (2020), that Congress did not properly abrogate sovereign immunity when it enacted the Copyright Remedy...more

Sunstein LLP

Supreme Court Allows States to Plunder Copyrighted Videos

Sunstein LLP on

In a remarkable decision, Allen v. North Carolina, the Supreme Court held on March 23 that the state of North Carolina can lawfully plunder a videographer’s copyrighted videos and photographs of the recovery of Blackbeard’s...more

ArentFox Schiff

Sovereign Immunity Prevails: Litigants Cannot Sue States for Copyright Infringement, Supreme Court Holds

ArentFox Schiff on

The Supreme Court has stricken a federal statute that abrogated a State’s immunity from copyright infringement lawsuits. The Copyright Remedy Clarification Act of 1990 (CRCA) provided that States “shall not be immune, under...more

McDermott Will & Emery

SCOTUS Sinks the CRCA, Confirms States Are Immune from Copyright Suits

McDermott Will & Emery on

A unanimous decision from the Supreme Court of the United States in Allen v. Cooper affirmed a previous ruling by the US Court of Appeals for the Fourth Circuit and held that states cannot be sued for copyright infringement,...more

Knobbe Martens

A Collision of Patents, Copyrights, and Piracy on the High Seas

Knobbe Martens on

ALLEN V. COOPER - Before Kagan, Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Thomas, Breyer, and Ginsburg. Appeal from the Fourth Circuit. Summary: States cannot be sued for copyright infringement as the Copyright...more

Foley Hoag LLP - Making Your Mark

Supreme Court Says State Sovereign Immunity Sinks Pirate Shipwreck Copyright Suit

Foley Hoag LLP - Making Your Mark on

Edward Teach, more popularly known as Blackbeard, roamed the seven seas and terrorized merchant vessels off the U.S. and Caribbean coasts during the colonial period. He ultimately met his demise when the colony of Virginia...more

Robins Kaplan LLP

Supreme Court Holds that States are Immune from Copyright Infringement

Robins Kaplan LLP on

On March 23, the U.S. Supreme Court held that a state cannot be sued for copyright infringement because Congress lacked authority to abrogate the states’ immunity from copyright infringement suits when it enacted the...more

Dorsey & Whitney LLP

Shiver Me Timbers: Can the States Now Legitimately Hornswoggle Copyright Owners?

Dorsey & Whitney LLP on

In a case where the subject matter (copyrights relating to footage of a salvaged pirate ship) is arguably more intriguing than the question presented, the Supreme Court held that a section of the Copyright Act allowing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Upholds State Sovereign Immunity in Copyright Case in Allen v. Cooper (2020)

McDonnell Boehnen Hulbert & Berghoff LLP on

The Supreme Court on Monday affirmed the Fourth Circuit’s decision upholding State sovereign immunity against claims of copyright infringement.[i] The case arose over Petitioner Allen’s suit against North Carolina’s...more

Weintraub Tobin

SCOTUS Rules That North Carolina Is Protected From Copyright Infringement Claims By Sovereign Immunity

Weintraub Tobin on

The Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution. In Allen v. Cooper, the Supreme Court decided whether the state of North Carolina could be...more

Womble Bond Dickinson

North Carolina Won’t Be Walking the Plank: Supreme Court Finds State is No Copyright Pirate in Blackbeard Ruling

Womble Bond Dickinson on

Blackbeard and his band of pirates pillaged and plundered up and down North Carolina’s Outer Banks more than 300 years ago, inspiring stories (both true and fictional) that capture imaginations to this day. On March 23rd, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Strikes Down Decades-Old Statute Authorizing Copyright Infringement Suits Against States

Skadden, Arps, Slate, Meagher & Flom LLP on

On March 23, 2020, the U.S. Supreme Court ruled unanimously in Allen v. Cooper, 589 U.S. ____, that the Copyright Remedy Clarification Act of 1990 violated the 11th Amendment by purporting to authorize private copyright...more

Dorsey & Whitney LLP

Sixth Circuit Joins Sister Circuits In Using Arm-Of-The-State Analysis To Define “Person” Under The False Claims Act

Dorsey & Whitney LLP on

The FCA imposes liability on “any person” that makes a false statement in violation of the Act, 31 U.S.C. § 3729(a)(1). Although the Act itself does not define “person,” the Supreme Court has said only that a person cannot...more

Saul Ewing Arnstein & Lehr LLP

Supreme Court Asked If State Universities Are Exempt From Claims Under the False Claims Act

Saul Ewing Arnstein & Lehr LLP on

A professor at the University of Texas Health Science Center has petitioned the U.S. Supreme Court to determine the standard for imposing liability on state universities (and their related entities, such as hospitals and...more

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