OI European Grp. B.V. v. Bolivarian Republic of Venezuela Petroleos de Venezuela, 2023 U.S. App. LEXIS 17123 (3d Cir.), 2023 WL 4385930. The FSIA provides that foreign states are immune from jurisdiction of American courts subject only to exceptions in international agreements and the FSIA itself. In this case, the court found that concerning the […]
Tag: Sovereign Immunity
SOVEREIGN IMMUNITY-NEW JERSEY TRANSIT
Galette v. NJ Transit, 2023 Pa. Super. LEXIS 111 (March 21, 2023) (Bowes, J.) New Jersey Transit Corporation (“NJ Transit”) appeals the September 27, 2021 denial of its motion to dismiss the negligence claims of Cedric Galette pursuant to the doctrine of sovereign immunity. We affirm. This controversy stems from an August 9, 2018 incident […]
FAIR CREDIT REPORTING ACT-SOVEREIGN IMMUNITY
Kirtz v. Trans Union LLC, 2022 U.S. App. LEXIS 23684 (3rd Cir. August 24, 2022) (Krause, C.J.) There are profound implications to throwing open the doors to the United States Treasury, so before we do, we need to be sure that is what Congress intended. Here, the District Court dismissed Appellant Reginald Kirtz’s lawsuit against […]
CONFLICTS OF LAW-CHOICE OF LAW-FOREIGN SOVEREIGN IMMUNITIES ACT
Cassirer v. Thyssen-Bornemisza Collection Found., 2022 U.S. LEXIS 2097, (S. Ct. April 21, 2022) (Kagan, J.) Justice Kagan delivered the opinion of the Court. Under the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U. S. C. §1602 et seq., a foreign state or instrumentality is amenable in specified circumstances to suit in an American […]
SOVEREIGN IMMUNITY-INDEMNIFICATION
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 […]
SOVEREIGN IMMUNITY-MANDAMUS-DECLARATORY JUDGMENT ACTIONS-EMPLOYMENT

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 […]