United States: Sovereign Immunity: Public Sector Government

Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve

The Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.

WilmerHale partners analyze three pivotal Supreme Court rulings from the 2025-2026 term that reshape the landscape for transnational litigation, examining how these decisions affect corporate liability...

The Arizona Supreme Court has ruled that the one-year statute of limitations does not apply when a government entity sues another government entity, preserving the common-law doctrine of nullum tempus occurrit regi. This landmark decision in City of Chandler v. Roosevelt Water Conservation District provides public entities with greater flexibility to resolve intergovernmental disputes without the pressure of a strict one-year filing deadline.

In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity.

Civil litigation in the United States presents unique challenges for non-U.S. entities, from expansive pretrial discovery to parallel court systems and public proceedings.

In July, the U.S. Senate introduced the Art Market Integrity Act (AMIA), legislation that would require art dealers and auction houses to comply...

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court.

In the Public Interest is excited to continue In That Case, its third annual miniseries examining notable decisions recently issued by the US Supreme Court.