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By way of the Tucker Act, certain claims of monetary damages against the United States are exempt from sovereign immunity. These cases are heard by the United States Court of Federal Claims, or, for cases involving less than ten thousand dollars, a district court has concurrent jurisdiction. Examples of contracts where immunity is waived include:
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]
The Supreme Court has also held that Congress can abrogate state sovereign immunity when using its authority under Section 5 of the Fourteenth Amendment. Other recent cases (Torres v. Texas Department of Public Safety, Central Virginia Community College v. Katz, PennEast Pipeline Co. v.
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.
Kiowa Tribe v. Manufacturing Technologies, 523 U.S. 751 (1998), was a case in which the Supreme Court of the United States held that an Indian Nation were entitled to sovereign immunity from contract lawsuits, whether made on or off reservation, or involving governmental or commercial activities.
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 ...
(The immunity question in the January 6 lawsuits is different than the situation the Supreme Court decided last summer, in giving Trump presidential immunity protection, as a criminal defendant ...
The 1976 Foreign Sovereign Immunities Act generally bars suits against foreign governments, except in cases where state immunity is waived; in certain admiralty claims; or in claims involving commercial activity, a tort inside the United States involving death, personal injury, or damage to or loss of property (such as a traffic collision), or ...