Word: sovereignity
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...medical studies, has a cancer rate 30 times higher than that of Puerto Rico's main island to the west. The U.S. Justice Department has filed a motion to dismiss the suit, which collectively seeks health and property damages in the billions of dollars, claiming the Federal Government's sovereign immunity. A federal judge in San Juan, Puerto Rico's capital, is expected to make a ruling this fall. (See TIME's special report on the environment...
...ability as citizens to engage in democracy,” Pollak said. “Many Jewish-Americans voted for Obama, and now they suspect they were victims of a bait and switch.” Dershowitz, a vocal defender of Israel and a long-time supporter of a sovereign Palestinian state, responded that he would continue to support the president on policy stances he agreed with, and would otherwise prefer to work constructively within the Democratic Party. But Dershowitz has also spoken out vigorously against Democratic officials in the past, notably attacking former President Jimmy Carter?...
...many legal experts see suits against the SEC as a steep uphill battle because government entities enjoy sovereign immunity. "To sue the government is a very tough proposition," says Dan Reinberg, a partner at Polsinelli Shughart PC. He adds that government entities have sovereign immunity for good reason. "The regulators are there to do a job that the public has asked them to do, and if they can be sued for negligence or mismanagement in their official function, then who's going to want to be a regulator?" he asks...
...Overcoming the sovereign-immunity protection is the biggest hurdle, concurs David Bernfeld, a partner at Bernfeld Dematteo & Bernfeld LLC, who represents about a dozen Madoff victims. However, he believes the inspector general's report offers enough ammunition to prove negligence - which is the bullet needed to pierce the sovereign-immunity defense and make the SEC liable...
...report was really candid. It's an astonishing litany of indifference and ineptitude" that occurred over a long period of time, Bernfeld says. "And this should be helpful in getting past the sovereign-immunity defense because it makes clear that this was not simply a decision not to investigate - it was a series of investigations undertaken but negligently performed...