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notion that the federal government should enjoy immunity from suit has
invoke its sovereign immunity from suit even though individual officials
However, the High Court's current approach ties the removal of government immunity from suit in federal cases to the conferral of federal jurisdiction.
Some lower courts have correctly understood Schacht and Lapides to reinstate the reasonable, pre-1945 rules governing state consent to suit and waiver of immunity from suit without consent.
21) In Alden, the Court held that the states' immunity from suit is a "fundamental aspect of the sovereignty which the States enjoyed before ratification of the Constitution,"(22) and an aspect that still "inheres in the system of federalism established by the Constitution.
The majority cited the public policy reasons for granting qualified immunity from suit as "protecting the public from unwarranted timidity on the part of public officials by, for example, `encouraging the vigorous exercise of official authority [by contributing to] principled and fearless decision-making' and by responding to the concern that threatened liability would.
Much of Wilson's lengthy opinion focused on the nature of state sovereignty and the extent of any sovereign immunity from suit.
Denying the claims of the defendants-former New York State Correction Commissioner Russell Oswald, former Superintendent Vincent Mancusi and former Assistant Deputy Superintendent Karl Pfeil-that they were entitled to immunity from suit, the three-judge panel held that such a defense did not apply to charges that the officials failed to plan for the inmates' medical needs after the retaking of the prison's D yard and that they condoned, tacitly or otherwise, bestial reprisals.
Justice Kennedy argued that Congress may set aside a state's immunity from suit only when it makes its intent to do so "unmistakably clear" in the language of the statute.
The purchase of TaqMan[R] Drug Metabolism Genotyping Assays includes an immunity from suit under patents specified in the product insert to use only the amount purchased for the purchaser's own internal research when used with the separate purchase of an Authorized 5' Nuclease Core Kit.
But Section 9(a) of RA 9851 specifically provides that the 'established constitutional immunity from suit of the Philippine President during his/her tenure' bars the courts from exercising jurisdiction over him/her.