judicial immunity protection

• Sanders V. Brown: State-Action Immunity and Judicial Protection of the Master Settlement Agreement

The Master Settlement Agreement (MSA) has been subject to critique, criticism, and judicial challenge since its signing in 1998. While critics list a litany of problems with the MSA, the most prevalent charge is that it permits the settling tobacco companies to act as a state-sanctioned cartel, passing on to consumers the costs of their estimated $206 billion damage payment and using the settlement structure to raise cigarette prices even higher. This Note evaluates Sanders v. Brown, the most recent judicial decision borne from the MSA, and deconstructs the court's analysis. This Note demonstrates the flaws in the judicial reasoning and unveils the ends-driven judicial logic that has perpetuated the MSA for over a decade. This Note concludes that only ends-driven judicial reasoning perp...

• Journal of Corporation Law
• Vol. 34 Nbr. 4, July 2009

• Richardson v. McKnight, 521 U.S. 399 (1997)

..., they were not entitled to qualified immunity from § 1983 lawsuits. The Court of Appeals affirm... whether private defendants enjoy protection from suit. Fourth, the Wyatt holding was limited t...411. ual employees. Hence a judicial determination that "effectiveness" concerns warran...

• U.S. Supreme Court

• Briscoe v. LaHue, 460 U.S. 325 (1983)

... (a) The common law provided absolute immunity from subsequent damages liability for all persons ... - who were integral parts of the judicial process. Section 1983 does not authorize a damages... in a narrow, special category lacking protection against damages suits. Pp. 329-336. (b) Nor does ...

• U.S. Supreme Court

• Maryland Court of Special Appeals Case Summaries: January 30, 2011

MARYLAND COURT OF SPECIAL APPEALS Civil Procedure

...: whether the attorney has abused the judicial process, and, if so, what sanction would be approp...37, 51 (1996). Torts. Qualified immunity. BOTTOM LINE: The circuit court improperly granted... discretionary function is without the protection of immunity. This cannot be so. Nearly every judic...

• The Daily Record (Baltimore)
• February 06, 2011

• Curtis Smith v. Simon Leis, (6th Cir. 2011)

..., as well as address various claims of immunity. Plaintiff Curtis Smith, a resident of Hamilton Co..., with violating the terms of a civil protection order. After being arrested in January 2008, Smith... and judges were entitled to absolute judicial immunity; (4) Smith's claims contravened the Young...

• Federal Circuits

• Sean M. Brookings, Plaintiff-Appellee, v. R.R. Denny Clunk, Judge, Defendant-Appellant, Stark County, Ohio, Et Al., Defendants., 389 F.3d 614 (6th Cir. 2004)

... of Civil Procedure based on a claim of judicial immunity. For the reasons set forth below, we hold... fall within the ambit of immunity protection. Barnes, 105 F.3d at 1122. Here, even if Judge Clu...

• Federal Circuits

• Nixon v. Fitzgerald, 457 U.S. 731 (1982)

...After earlier judicial rulings and extensive pretrial discovery, only thr... entitled to claim absolute Presidential immunity. Petitioner took a collateral appeal of the immuni... leave the Nation without sufficient protection against his misconduct. There remains the constitu...

• U.S. Supreme Court

• Trying to Touch the Untouchables: The Challenges Faced by Texas Plaintiffs Asserting Failure-to-Protect Suits Against Police Departments

Through this doctrine, states, municipalities, and their governmental units-including police departments2-are not liable for the negligent acts of their employees absent statutory provisions providing for liability.3 In the United States, governmental immunity must be waived by the state legislature in clear, unambiguous language.4 While most states have provided a limited waiver of sovereign immunity, the immunity of police departments has generally remained intact.5 Both narrowly written and narrowly construed tort claims acts and the courts' enthusiastic protection of the police has maintained this immunity.6 In the dissent of Riss v. City of New York, Judge Keating sets forth and criticizes the judicial policy justifications for the sovereign immunity surrounding police departmen...

• Review of Litigation, The
• Vol. 27 Nbr. 3, April 2008

• Harlow v. Fitzgerald, 457 U.S. 800 (1982)

... were not entitled to absolute immunity from suit. Independently of the former President, ... status requires complete protection from suits for damages - including certain officia...491 (1975), and of judges, in their judicial functions, see, e. g., Stump v. Sparkman, 435 U.S...

• U.S. Supreme Court

• Treasury Inc.: How the Bailout Reshapes Corporate Theory and Practice

Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...

... shareholders that also enjoy sovereign immunity from federal securities law and state corporation ... from the individual liability protections of the corporate form. In some areas, the securiti... and executive discretion free from judicial or congressional review. VI. Implications for Corp...

• Yale Journal on Regulation
• Vol. 27 Nbr. 2, July 2010