Statute
Eleventh Amendment
40 published works
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
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…
Supreme Court Update
Cook County, Illinois v. United States (01-1572), Norfolk & Western Railway Co. v. Ayers (01-963) and order list
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…
Supreme Court Update
Frew v. Hawkins (02-628) and Kontrick v. Ryan (02-819)
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…
Constitutional Law Prof Blog
Third Circuit Says State Liquor Control Board Gets Eleventh Amendment Immunity
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…
PTABWatch
PTAB Defines Further Limitation to Sovereign Immunity Defense
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…
PTAB Law Blog
Recent Decision Casts Doubt on the Fate of Tribal Sovereign Immunity at the PTAB
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…
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)…
PTABWatch
Sovereign Immunity Protects State University Owned Patent from Inter Partes Review
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…
Constitutional Law Prof Blog
Second Circuit: Community College Not Entitled to Eleventh Amendment Sovereign Immunity
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…
Labor Law Prof Blog
FLSA Suit Against Supervisors Barred by 11th Amendment
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…