Ninth Circuit Addresses State Sovereign Immunity for Claims Based on Dismissed Involuntary Petitions
When an involuntary bankruptcy petition is dismissed, section 303(i) of the Bankruptcy Code permits a debtor to seek reasonable attorneys’ fees and costs from the petitioners, and, if the petition was ...
This article focuses on the doctrine of Foreign Sovereign Immunity, as promulgated under both the Foreign Sovereign Immunities Act (FSIA) and the common law. The authors use the recent Supreme Court ...
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What is sovereign immunity?
AUSTIN (KXAN) — In several recent lawsuits against Texas, attorneys for the state argued for dismissal due to “sovereign immunity.” But what does that mean for Texans? The legal doctrine holds that a ...
We have previously blogged about the Tenth Circuit’s decision in United States v. Miller, a case that concerns the relationship between section 544(b)(1) and section 106(a)(1) of the Bankruptcy Code.
Galette and Colt force the Court to confront a basic question about modern federalism: whether constitutional immunity doctrines should evolve alongside the governmental forms they regulate, or ...
“The mere fact that a foreign state owns and controls a corporation is not sufficient to bring the corporation within the ambit of § 66(g).” – Ninth Circuit A group of Chinese companies struck out for ...
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