Interesting case from last year about the enforceability of waivers by municipalities in Texas. The rules that distinguish “government" functions, subject to immunity, and “proprietary” functions are confusing, but waivers must be in writing.
#law #contracts #municipalities #SovereignImmunity #waivers #TobyKeith
@Coho Musk for sure--since the bottom line is that from a statutory perspective, DOGE *doesn't exist, and has no authorities,* so #ApartheidClyde IS A PRIVATE CITIZEN.
Trump gets trickier now, because its a longstanding legal principle (#SovereignImmunity) that you can only sue a government or its agents when they've given you permission to.
BUT, I do think one of the big lessons from the FIRST Trump administration was that targeting the right pocketbooks can powerfully shape behavior--so class action suits AGAINST THE COMPANIES TRADING IN THE DATA, when they can be identified, could be a vector worth pursuing.
That’s the highest frequency associated w/any of the tribes doing business in this sector of the payday #loan industry. And it translates to an estimated 4,800 #bankruptcy cases, on avg, per year.
@ProPublica also found that #LDF’s various companies have racked up >2,200 #consumer complaints that were routed to the #FTC since 2019 — more than any other tribe in recent years.
Although they borrowed small sums online from a slew of businesses w/catchy names — such as Loan at Last or Sky Trail Cash — their #loans stemmed from the same massive operation owned by a small #NativeAmerican #tribe in a remote part of #Wisconsin.
Over the past decade, the #LacDuFlambeau Band of #LakeSuperior #Chippewa …have…become a prominent player in the tribal #lending industry, generating far-reaching impact & leaving a legacy of #economic #despair.
A #Wisconsin #NativeAmerican Tribe Built a #Lending Empire Charging 600% Annual Rates
The #LacDuFlambeau [#LDF] tribe is at the center of a $1B #ClassAction settlement that comes after yrs of fending off claims of #PredatoryLending practices.
In #bankruptcy filings & #consumer complaints, thousands of people across the country make pleas for relief from high-interest #loans w/punishing annual rates that often exceed 600%
#Regulation #SovereignImmunity #opportunism #law
https://www.propublica.org/article/wisconsin-lac-du-flambeau-tribe-predatory-lending-lawsuit-sovereign-immunity
Saudi officials do big business with Donald #Trump and other high-profile Americans, but they aren't always forthcoming about details of those relationships. A ruling in a federal court case involving a Saudi-owned golf tour upstart could change that.
#SaudiArabia #TrumpGolf #SovereignImmunity #UnitedStates
https://apnews.com/article/saudi-arabia-golf-pga-liv-trump-lawsuit-edcd86df5ff12fa067505afd98b18a84
Incredibly helpful resource from John Coyle, Bill Dodge, and Aaron Simowitz at Transnational Litigation Blog:
A roundup of US judicial decisions in 2022 dealing with #ChoiceOfLaw, #Extraterritoriality, #HumanRights litigation in US courts, #SovereignImmunity, foreign official immunity, #ActOfState doctrine, #PersonalJurisdiction, #ServiceOfProcess, #ForumNonConveniens, and recognition and enforcement of judgments.
I'll be putting it to good use today!
https://tlblog.org/choice-of-law-in-the-american-courts-in-2022/
So, I'm getting really interested in precisely what Allen v. Cooper does and does not do.
TL;DR: it's the March 23, 2020 US Supreme Court case asserting sovereign immunity against infringement of copyright or patent claims against state government.
"Get out of jail" (or civil court) cards are rare and interesting. Immunity and impunity often causes all kinds of problems. But the Law is an ass W a tool, and ... this is an awfully interesting tool.
I'm finding relatively little discussion. My little suggestion above remains the application I'd be interested in.
@pluralistic doesn't seem to have picked this up yet based on online searches.
#AllenVCooper #Copyright #SovereignImmunity #SCOTUS #SciHub #LibGen
Facebook’s NSO Group Lawsuit Over WhatsApp Spying Set to Proceed - A federal judge in California ruled that the spyware vendor does not have sovereign immunity. more: https://threatpost.com/facebooks-nso-group-lawsuit-whatsapp-spying/157571/ #sovereignimmunity.lawsuit #mobilesecurity #civilcharges #federalcourt #government #california #facebook #nsogroup #whatsapp #malware #privacy #pegasus #spyware #ruling #hacks
