Supreme Court to hear Eleventh Circuit Tennessee Valley Authority Case
Posted on Sep 28, 2018 in Jurisdiction | Comments Off on Supreme Court to hear Eleventh Circuit Tennessee Valley Authority Case
The Supreme Court granted certiorari over the Eleventh Circuit’s holding that the Tennessee Valley Authority enjoyed governmental immunity in a personal injury suit. Thacker v. Tenn. Valley Auth., 2018 WL 1091117 (U.S. Sept. 27, 2018). The Eleventh Circuit held that the TVA was immune from suit because it was engaged in a discretionary government function – a test borrowed from...
Venezuela’s Attempt to Purchase Bolívar Artifacts from Florida Resident Was “Commercial Activity” Not Subject to Sovereign Immunity
Posted on May 14, 2018 in Jurisdiction | Comments Off on Venezuela’s Attempt to Purchase Bolívar Artifacts from Florida Resident Was “Commercial Activity” Not Subject to Sovereign Immunity
In Devengoechea v. Bolivarian Republic of Venezuela, No. 16-16816 (11th Cir. May 10, 2018), the Eleventh Circuit held that the Foreign Sovereign Immunities Act’s “commercial activity” exception to sovereign immunity applied to Venezuela’s alleged failure to return or pay for a collection of artifacts owned by a Florida resident. Plaintiff Ricardo Devengoechea, a citizen of the United...
Native American Tribes Cannot Be Sued Under the ADEA
Posted on Oct 19, 2016 in Employment Law and Employee Benefits, Jurisdiction | Comments Off on Native American Tribes Cannot Be Sued Under the ADEA
Native American tribes enjoy sovereign immunity from suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634. This was the holding of the Eleventh Circuit’s published opinion in Williams v. Poarch Band of Creek Indians, 2016 WL 6081345 (11th Cir. Oct. 18, 2016). This case clarifies principles of statutory interpretation and reaffirms the “razor-thin”...