Not exact matches
But the verdict was reduced by the procedural hodgepodge
of Maryland Code § 5 - 524
of the Courts and
Judicial Proceedings Article that limits the sovereign
immunity waiver to the available insurance coverage in car accident
cases.
My brief review
of Mr. Schmidt's
case has all the makings
of Judicial History where allegedly breaking the rules and the law, «in the public interest», may not favour absolute
immunity for the AG.
The reasoning that EU law could not displace the common law rule
of judicial immunity was held to be unsound, and the
cases were remitted to the employment tribunal.
(a) The Claimants»
case on the point at the hearing was made by reference to a Dubai Court
of Cassation decision (Central Bank
of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part
of the government entities
of the Republic
of Sudan that enjoys
immunity from
judicial proceedings and is not subject to the jurisdiction
of the State Courts».
The US District Court rejected
immunity for the official by deferring to the views
of the executive while the Canadian
case reached the decision on the basis
of judicial interpretation
of the domestic tort exception to
immunity.
Even if one could say that such treatment reflects some policy
of the various foreign states involved, or indeed
of the United Kingdom, it goes far beyond any conduct previously recognised as requiring
judicial abstention... The critical point in my view is the nature and seriousness
of the misconduct alleged in both
cases before the Supreme Court, at however high a level it may have been authorised... Sovereign states who without justification and without permitting access to justice detain or mistreat individuals in the course or in relation to their conduct
of foreign relations or affairs have sovereign
immunity in foreign domestic courts.
A proposal filed for the 2017 Arkansas legislation would remove
judicial immunity, the principle that a judge can not be sued in his or her personal capacity for official acts, in
cases of bribery.
We respectfully submit that an important jurisdictional issue and constitutional question is presented by this
case, and that a failure
of the Supreme Court to review the findings
of the Board
of Governors will have the effect
of voiding the
Judicial Immunity Doctrine, and will destroy the justification for the existence
of the
Judicial Conduct Commission.
This is seriously troubling since the issues raised in this
case will affect the jurisdiction
of the
Judicial Conduct Commission and will result in the repeal
of the
Judicial Immunity Doctrine.
In such a
case, important questions
of law affecting the jurisdiction
of the
Judicial Conduct Commission, and rights
of all sitting and all retired judges will be automatically decided in favor
of the KBA, and against the interest
of the
Judicial Conduct Commission, and
of the judiciary, by repealing the Doctrine
of Judicial Immunity.
The HRTO moved to dismiss Maula's subsequent discrimination
case given that it appeared to invoke the notion
of judicial immunity and that it was challenging the decision
of an adjudicative process.