News & Analysis as of

Immunity

Orrick, Herrington & Sutcliffe LLP

English Arbitration Act 2025 – Bill Becomes Law

The long-awaited Arbitration Act 2025 (the “2025 Act”) finally received Royal Assent on 24 February 2025, paving the way for significant refinement of the Arbitration Act 1996 (the “1996 Act”) and the conduct of arbitration...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Says Alabama’s Exhaustion of State Processes Rule Unlawfully Blocked Due Process Claims

On February 21, 2025, the Supreme Court of the United States ruled that an Alabama rule requiring claimants to first exhaust the state administrative appeals process before bringing due process claims over delays in their...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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Commonwealth Court Rules Sexual Abuse Provision of Government Immunity Under the Political Subdivision Tort Claims Act Is Limited to Persons Under the Age of 18 - W. on behalf of S.W. v. Pittsburgh Pub. Sch., 327 A.3d 340...more

A&O Shearman

The Prestige saga - clarifications on enforcement and State immunity from injunctions

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In the latest decision in the Prestige saga, the English Court of Appeal has made two notable findings: it has refused to enforce a Spanish judgment on the basis that it would be contrary to public policy because it conflicts...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - January 2025

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For decades, Depo-Provera has been presented as a game-changing contraceptive—a quick injection every three months that promised simplicity and effectiveness. For millions of women worldwide, it seemed like the perfect...more

Robins Kaplan LLP

Stripping Away Individual Rights Through Corporate Immunity

Robins Kaplan LLP on

A new trend is emerging among corporations to seek immunity from prosecution and prevent consumers from suing after the corporation’s product injures a consumer. As an example, Bayer/Monsanto1 is currently seeking legislative...more

Segal McCambridge

Fifth Circuit Ruling: Section 230 Does Not Shield Salesforce from Sex-Trafficking Claims

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The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more

Shipman & Goodwin LLP

Appellate Court Rejects Constitutional Challenge to Connecticut’s Anti-SLAPP Statute, Extends Quasi-Judicial Defamation Immunity...

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The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Navigating The Growing Risk Of Pre-Indictment Dialogue With The Government

When your client is under investigation by the Federal Government, a time-honored practice that is often pursued by white collar practitioners is an early sit down with the lead AUSA to discuss the legal and factual...more

Morrison & Foerster LLP - Social Media

Social Links: If the Suit Fits

Character Technologies has been hit with two lawsuits, including a wrongful death suit (among other claims), in less than two months over its popular Character.ai chatbot. The first was filed in the U.S. District Court for...more

A&O Shearman

Immunity objections to registration of ICSID awards rejected

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The English Court of Appeal has rejected Spain’s and Zimbabwe’s appeals against orders registering arbitration awards made against them pursuant to the Convention on the Settlement of Investment Disputes between States and...more

Burr & Forman

COVID Immunity Upheld to Protect Health Care Providers

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On October 4, 2024, the Alabama Supreme Court issued an opinion confirming and upholding the validity of not only the Governor’s Executive Order of May 8, 2020, providing immunity from negligence claims during the COVID-19...more

Morrison & Foerster LLP

Registration of ICSID Awards in the UK: Normal Service Resumed

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The English Court of Appeal has clarified the position regarding the interaction between the UK’s State Immunity Act 1978 (the SIA) and the Arbitration (International Investment Disputes) Act 1966 (the “1966 Act”) (which...more

Allen Barron, Inc.

Is it Too Late to Correct Past FBARs and File Amended Returns with the IRS?

Allen Barron, Inc. on

Is it too late to correct past FBARs and file amended returns with the IRS? The net is closing in on U.S. taxpayers with unreported or under-reported domestic and offshore income and assets. The IRS has increased audits in...more

Stark & Stark

Social Media’s Legal Dilemma: Curated Harmful Content

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As proliferation of harmful content online has increasingly become easier and more accessible through social media, review websites and other online public forums, businesses and politicians have pushed to reform and limit...more

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

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