Tag Archives: Immunity

The Empirical Truth About Qualified Immunity

Joanna C. Schwartz, How Qualified Immunity Fails, 127 Yale L.J. 2 (2017). Howard M. Wasserman The critical scholarly narrative surrounding civil rights litigation is that the Supreme Court in the past decade has expanded the defense of qualified immunity, particularly … Continue reading

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Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearings

Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearingsBelow is an example of the material posted on NYPPL. However, to … Continue reading

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Chinese Company’s Use of Foreign Sovereign Immunity Defense Linked to FTAIA Standard for “Direct” Impact on U.S. Commerce

On February 1, 2018, the Northern District of California court handling the sprawling In re Cathode Ray Tube (CRT) Antitrust Litigation[1] (“CRT”) declined to enter a default judgment against related Chinese defendants, finding the companies had made a sufficient showing … Continue reading

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Pay-to-Play for Sovereign Immunity? A New Strategy Employed by Drug Patent Holders

By Seth Parent In May the Supreme Court decided TC Heartland, requiring patent infringement claims be brought where the defendant either “resides” or has an “established place of business” (rather than in the notoriously patent-holder friendly Eastern District of Texas). … Continue reading

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Arbitral immunity doesn't extend to arbitral advertising

Hopper v. American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9th Cir. Dec. 7, 2017)The district court dismissed Hopper’s false advertising claim against AAA based on arbitral immunity, and the court of appeals reversed.  “Arbitral immunity extends to claims … Continue reading

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