Tag Archives: Immunity

Schwartz on Qualified Immunity & Decisions Not to Sue Police

Joanna C. Schwartz (University of California, Los Angeles (UCLA) – School of Law) has posted Qualified Immunity Selection Effects on SSRN.  Here is the abstract: Available evidence suggests that only 1% of people who believe they have been wronged by the police … Continue reading

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Qualified Immunity and the FTC: LabMD Loses Its Case Alleging Violation of its Constitutional Right

We blogged recently on the 11th Circuit’s decision that the FTC’s order against LabMD is unenforceable. If you enjoyed that blog, then you’re in luck because we have more LabMD versus FTC content coming your way. In a separate case, … Continue reading

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Georgia Court Discusses Government Immunity in Recent Construction-Zone Accident Case

Recently, a state appellate court issued a written opinion in a Georgia car accident case requiring the court to determine if the defendant, a local utility company, was entitled to government immunity. Ultimately, the court concluded that the utility was … Continue reading

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Federal Circuit Issues Stay in St. Regis Mohawk Tribe Sovereign Immunity Appeal

By Kevin E. Noonan — The Federal Circuit has granted the St. Regis Mohawk Tribe's motion for stay in inter partes review proceedings before the Patent Trial and Appeal Board, in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. In … Continue reading

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Distinguishing between official acts and unofficial acts for the purposes of claiming qualified immunity from lawsuits in New York State courts

Judge Jennifer G. Schecter, citing Clinton v Jones, 520 US 681 [Clinton], held that a sitting president is not immune from being sued in state courts for unofficial acts* and denied President Donald J. Trumps' [Defendant] motion to dismiss Summer … Continue reading

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