September 8, 2011
by Dwyer Arce
On September 8, 2010, the US Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a suit brought by the American Civil Liberties Union (ACLU) against a Boeing subsidiary in connection with its alleged role in the Central Intelligence Agency (CIA) extraordinary rendition ...[read more]
August 3, 2011
by Zach Zagger
US Attorney General Eric Holder invoked the state secrets privilege Monday to block evidence in a lawsuit against the Federal Bureau of Investigation (FBI) over its investigation into Muslim mosques. The Department of Justice (DOJ) also filed a motion to dismiss claims and for summary judgment in ...[read more]
June 23, 2011
by Julia Zebley
The US Supreme Court on Thursday voted 5-4 to affirm the lower court in Stern v. Marshall, agreeing that the bankruptcy court did not have jurisdiction in this instance. The opinion, delivered by Chief Justice John Roberts, explained that the bankruptcy court judge has a limited role beyond ...[read more]
June 16, 2011
by Julia Zebley
The US Supreme Court on Thursday unanimously reversed the lower court in Smith v. Bayer Corp., allowing a class action lawsuit against the company to proceed. The Court held that under the re-litigation exception of the Anti-Injunction Act, a district court exceeded its authority when it enjoined... ...[read more]
May 23, 2011
by Zach Zagger
The US Supreme Court ruled Monday in General Dynamics Corp v. United States that when the court dismisses a valid prima facie affirmative defense to the government's breach of contract claim under the state secrets privilege, the proper remedy is to leave the parties in the same position as they ...[read more]
February 9, 2011
by Dwyer Arce
On February 9, 2009, US Attorney General Eric Holder ordered a review of all government claims invoking the state secrets privilege. A spokesperson for the Department of Justice (DOJ) said that each state secrets claim will be reviewed to make sure the privilege was invoked only in lawful ...[read more]
September 30, 2010
by Ingrid Burke
JURIST Guest Columnists Lawrence Friedman and Victor Hansen of New England Law Boston say in the wake of the Ninth Circuit's decision in Bynyam v. Jeppesen Dataplan that the time is right for Congress to codify a state secrets privilege that insures both accountability and the protection of ...[read more]
March 31, 2010
by Jay Carmella
A judge for the US District Court for the District of Columbia criticized the government Tuesday for a lack of accountability, despite granting approval to a $3 million settlement agreement in a civil suit brought by former Drug Enforcement Administration (DEA) agent Richard Horn. The government ...[read more]
October 28, 2009
by Matt Glenn
The US Court of Appeals for the Ninth Circuit agreed Tuesday to an en banc rehearing of a Department of Justice (DOJ) request to dismiss a suit against a company that allegedly provided logistical support for CIA rendition flights. At issue is whether the state secrets privilege can prevent the ...[read more]
October 4, 2009
by Mark Hamilton
Julian Sanchez: The administration's new policy on invocation of the state secrets privilege does set a higher transparency standard, but that's largely because their predecessors had to enlist Otto Lidenbrock to get it to the low point it hit in the last administration. But to the ex... ...[read more]

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