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Statute

Eleventh Amendment

40 published works

  1. Supreme Court Update

    Scheidler v. NOW (01-1118), Miller-El v. Cockrell (01-7662), United States v. White Mountain Apache Tribe (01-1067), United States v. Navajo Nation (01-1375), Moseley v. V Secret Catalogue, Inc. (01-1015) and order list

    By Wiggin and Dana

    Greetings Court fans! This email should finish out all the opinions handed down in the last 2 weeks. The Court will sit tomorrow to hand down an order list (and…

  2. Supreme Court Update

    Cook County, Illinois v. United States (01-1572), Norfolk & Western Railway Co. v. Ayers (01-963) and order list

    By Wiggin and Dana

    Greetings Court fans! The Court issued 2 opinions and an order list today. Before I discuss the day's events, though, one point of follow-up on yesterday's update. Apparently, my reference…

  3. Supreme Court Update

    Frew v. Hawkins (02-628) and Kontrick v. Ryan (02-819)

    By Wiggin and Dana

    Greetings Court fans!   Two more opinions today, although neither one is a blockbuster. So, let's just get to work. First, in Frew v. Hawkins (02-628), the Court held that…

  4. Constitutional Law Prof Blog

    Third Circuit Says State Liquor Control Board Gets Eleventh Amendment Immunity

    By Steven D. Schwinn

    Steven D. Schwinn, John Marshall Law SchoolThe Third Circuit ruled that the Pennsylvania Liquor Control Board is entitled to Eleventh Amendment immunity from a suit for monetary damages by an…

  5. PTABWatch

    PTAB Defines Further Limitation to Sovereign Immunity Defense

    By Heather R. Kissling

    PTABWatch Takeaway: Sovereign immunity is not available to dismiss an IPR challenge where the Patent Owner has filed an infringement action against the Petitioner. Ericsson v. Regents of the University…

  6. PTAB Law Blog

    Recent Decision Casts Doubt on the Fate of Tribal Sovereign Immunity at the PTAB

    By D. Lawson Allen

    The topic of sovereign immunity was raised a number of times in inter partes review (IPR) proceedings in 2017, and it was cast into the national spotlight when Allergan transferred…

  7. IP Intelligence

    Licensees Stymied by Sovereign Immunity Both in Federal Court and at PTAB

    By Allen Sokal

      Licensees Covidien LP, Medtronic PLC, and Medtronic, Inc., failed to obtain any relief, at least so far, in federal court or at the Patent Trial and Appeal Board (PTAB)…

  8. PTABWatch

    Sovereign Immunity Protects State University Owned Patent from Inter Partes Review

    By Sharon M. Sintich, Ph.D.

    The Patent and Trial Appeal Board dismissed petitions for inter partes review challenging the claims of a patent owned by a state university that had neither waived the protections offered…

  9. Constitutional Law Prof Blog

    Second Circuit: Community College Not Entitled to Eleventh Amendment Sovereign Immunity

    By Ruthann Robson

    Professor Ruthann Robson, City University of New York (CUNY) School of LawDoes a community college stand in the shoes of the state for the purposes of Eleventh Amendment immunity from…

  10. Labor Law Prof Blog

    FLSA Suit Against Supervisors Barred by 11th Amendment

    By Workplace Prof

    Jonathan Harkavy (Patterson Harkvay) sends word of  Martin v. Wood, No. 13-2283 (4th Cir. Nov. 18, 2014), in which the Fourth Circuit dismissed on Eleventh Amendment grounds an FLSA suit…