Sovereign Immunity

July 23rd, 2019 by Rieders Travis in Sovereign Immunity

SOVEREIGN IMMUNITY-POLITICAL SUBDIVISION TORT CLAIMS IMMUNITY ACT-EXCEPTIONS-ROADS AND HIGHWAYS Strothers v. Cruz, No. 20-0776 (C.P. Lycoming December 14, 2020) (Linhardt, J.)  Court found that count was properly pled regarding dangerous intersection because of overgrowth.  However, the allegations were not sufficient as to the improper design and therefore appeal to the city was granted in that respect. SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITIES ACT-FOREIGN NATIONALS, SEIZURE OF THEIR PROPERTY Federal Republic of Germany v. Philipp, 2021 U.S. LEXIS 756 (S. Ct. February 3, 2021) (Roberts, C.J.)  The Foreign Sovereign Immunities Act provides that foreign nations are presumptively immune from the jurisdiction of United States courts. The statute, however, sets forth several specific exceptions. One such exception provides that a sovereign does not enjoy immunity in any case “in which rights in property taken in violation of international law are in issue.” 28 U. S. C. §1605(a)(3). The question presented is whether a country’s alleged taking of property from its own nationals falls within this exception. Enacted in 1976, the Foreign Sovereign Immunities Act supplies the ground rules for “obtaining jurisdiction over a foreign state in the courts of this country.” Argentine Republic v.…

SOVEREIGN IMMUNITY-INDEMNIFICATION

May 22nd, 2017 by Rieders Travis in Sovereign Immunity

Soverign Immunity and an Indemnification Clause Lewis v. Clarke, 2017 U.S. LEXIS 2796, 581 U.S. ___ (April 25, 2017) Sotomayor, J. We have never before had occasion to decide whether an indemnification clause is sufficient to extend a sovereign immunity defense to a suit against an employee in his individual capacity. We hold that an indemnification provision cannot, as a matter of law, extend sovereign immunity to individual employees who would otherwise not fall under its protective cloak. This case arose in the context of an Indian tribe with gaming authority. We have never before treated a lawsuit against an individual employee as one against a state instrumentality.  A civil rights suit under 1983 against a state officer in his official capacity does not implicate the Eleventh Amendment and a state’s sovereign immunity from suit.  Federal appellate courts that have considered the indemnity question have rejected the argument that an indemnity statute brings the Eleventh Amendment into play in 1983 actions. In sum, although tribal sovereign immunity is implicated when the suit is brought against individual officers in their official capacities, it is simply not present when the claim is…

SOVEREIGN IMMUNITY-MANDAMUS-DECLARATORY JUDGMENT ACTIONS-EMPLOYMENT

January 17th, 2017 by Rieders Travis in Sovereign Immunity

Medical Malpractice Lawyer
Brimmeier v. Pennsylvania Turnpike Commission, 147 A.3d 954 (Pa. Cmwlth. 2016).  The law is clear that sovereign immunity does not bar either mandamus or declaratory judgment action.  Therefore, to the extent that the Commission objects to mandamus and/or declaratory judgment actions, their preliminary objections should have been overruled.  Claim of contract breach and promissory estoppel upon employment agreement are barred by sovereign immunity.  The Commission is immune from claim of intentional misrepresentation and negligent misrepresentation claims.  PO’s to those claims should have been sustained.  Mandamus is not applicable in this particular case.  There is no claim under the Declaratory Judgment Act.  There is no viable breach of contract claim set forth.  Promissory estoppel was properly dismissed.