Ninth Circuit Creates Split Re Waiver of Sovereign Immunity under Public Vessels Act
United States?Sovereign Immunity
Tobar v. United States? (79 U.S.L.W. 2449) (May 2011)
Does the United States' waiver of sovereign immunity in the Public Vessels Act for ?damages caused by a public vessel?apply when a crew from a public vessel boards a private vessel? The Ninth Circuit says that it does, but the Eleventh Circuit has held that it does not.
Can States Have Their (Patent) Cake and Eat It, Too In Biomedical Patent Management v. State Of California, the U.S. Court of Appeals for the Federal Circuit held that a state?s initial waiver of Eleventh Amendment sovereign immunity ? when it intervened in an earlier, related action that was dismissed for improper venue — doesn?t mean that it waived sovereign immunity under the Eleventh Amendment [...
Supreme Court of VA Grants Writ in Sovereign Immunity Case The Supreme Court of Virginia will revisit its sovereign immunity doctrine in the drowning case of a 16-year-old boy in a Lexington, VA park. Circuit Judge Michael Irvine found the City of Lexington was protected by sovereign immunity...