Tag Archives: Immunity

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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Patent IPRs and Allergan’s Sovereign Immunity Defense

In an age of rising healthcare costs, pharmaceutical companies can be an easy target in calls for patent reform.  Patent protection helps drug manufacturers recoup their investment in developing the new drug,.  It also prevents generic manufacturers from releasing the … Continue reading

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St. Regis Mohawk Tribe (and Allergan) File Motion to Preclude PTAB Decision on Sovereign Immunity

By Kevin E. Noonan — The St. Regis Mohawk Tribe and Allergan filed a joint motion late last week before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), arguing that its Notice of Appeal divested the … Continue reading

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