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The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
Republic of Argentina v. NML Capital, Ltd., 573 U.S. 134 (2014), is a U.S. Supreme Court opinion regarding foreign sovereign immunity. After defaulting on its debt and losing a federal collection action, Argentina claimed that its foreign assets were immune from discovery. The Court found that no such immunity existed. [1] [2]
Justice Stephen Breyer wrote the majority opinion, which held that while states have sovereign immunity, it does not extend to areas of the nation's defense, and thus the state could be held liable for failing to follow USERRA, allowing Torres' lawsuit to proceed. Breyer wrote "Text, history and precedent show that the states, in coming ...
Dolan v. United States Postal Service, 546 U.S. 481 (2006), was a case decided by the Supreme Court of the United States, involving the extent to which the United States Postal Service has sovereign immunity from lawsuits brought by private individuals under the Federal Tort Claims Act.
China's view is that sovereign immunity is a lawful right and interest that their enterprises are entitled to protect. [16] Some examples of Chinese state-owned companies that have claimed sovereign immunity in foreign lawsuits are the Aviation Industry Corporation of China (AVIC) and China National Building Material. [17]
In 2010, in Oneida Indian Nation of New York v Madison County, NY, the Second Circuit held that tribal sovereign immunity barred a tax foreclosure suit against the tribe for unpaid taxes. [17] As urged by concurring judges José A. Cabranes and Peter W. Hall, the U.S. Supreme Court granted certiorari. [18]
Scholars and practitioners of international law expressed concerns about JASTA. For example, John B. Bellinger III, former Legal Adviser of the Department of State warned that the bill could encourage other countries to enact measures that limit sovereign immunity, including that of the United States. [18]
The DC Circuit Court ruled that while 1996 amendments in FSIA made exceptions from sovereign immunity for states known for supporting state-sponsored terrorism, as listed by the State Department, foreign nations were still immune from private cause of action, preventing lawsuits from private individuals levied at the state based on such ...