Sovereign Immunity
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Department of Education v. California
decided April 4, 2025 In this case, the Court halted the operation of a federal “District” court’s preliminary injunction that implicitly ordered the federal government to resume certain payments under certain federal grants to the plaintiffs that the government had abruptly stopped paying. The Court explained that the federal “District Court” in which the lawsuit… Continue reading
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United States v. Miller
decided March 26, 2025 A provision of the federal Bankruptcy Code, 11 U.S.C. §106(a)(1), waives the federal government’s “sovereign immunity” from lawsuits that can be brought against it under the Bankruptcy Code, including lawsuits brought against the government under 11 U.S.C. §544. A subsection of Section 544 reads as follows: [T]he trustee may avoid any… Continue reading
RECENT RULINGS 