Tag Archives: sovereign immunity

December 2, 2013 United States Supreme Court opinion

Ford Motor Company v United States Ford overpaid taxes and sought interest on the over payment under 26 USC 6611. The parties disagreed on when the interest should start accruing. The district court and 6th Circuit agreed with the government … Continue reading

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June 26, 2013 4th Circuit published opinions

Carpenter’s Pension Fund of Baltimore, Maryland v Maryland Department of Health and Mental Hygiene Fund obtained a garnishment order against department. Department moved to dismiss based on the Eleventh Amendment. The district court denied Department’s motion. The panel reversed. It … Continue reading

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March 1, 2013 4th Circuit published opinions

Campbell v The Hanover Insurance Company (In Re ESA Environmental Specialists, Inc.) Campbell as bankruptcy trustee brought an adversarial proceeding against Hanover seeking return of $1.37 million used by ESA to secure new performance bonds. Hanover admitted the transfer of … Continue reading

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December 19, 2012 South Carolina Court of Appeals published opinions

Curiel v Hampton County E.M.S. Curiel was injured when her car was struck by a Hampton EMS ambulance. Hampton County moved to dismiss on sovereign immunity grounds which the trial court denied. The panel affirmed holding that the South Carolina … Continue reading

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November 21, 2012 4th Circuit published opinions

Martin v Lloyd  Martin challenged South Carolina’s antigambling machine statue on vagueness and due process grounds. The district court granted summary judgment to the state. The panel affirmed. It noted that in the 81 years of operation, the act has … Continue reading

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November 13, 2012 United States Supreme Court opinion and statements

United States v Bormes Bormes field a putative class action suit alleging the United States violated the Fair Credit Reporting Act by including a credit card expiration date on his receipt. The trial court dismissed on the ground that FCRA … Continue reading

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November 2, 2012 4th Circuit published opinions

Yousuf v Samantar Samantar was sued for torture and other human rights abuses while he served as a government minister in Somalia. After his statutory claims of immunity were rejected by the United States Supreme Court, he filed a motion … Continue reading

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