The U.S. Supreme Court issued an opinion yesterday on the issue of “derivative sovereign immunity”. \u00a0The opinion may impact the way Texas courts rule on that issue in the Fun 5’s case.<\/p>\n
In Campbell-Ewald v. Gomez<\/a>, the Supreme Court was asked whether a Navy contractor was immune from suit when it sent text messages to individuals who had not opted to receive them in violation of federal law and the Navy’s directive that the text messages should only be sent to those on the opt-in list. The Supreme Court made it clear that government contractors do not have absolute immunity. \u00a0As the Court noted: “[w]hen a contractor violates both federal law and the Government\u2019s explicit instructions, as here alleged, no \u201cderivative immunity\u201d shields the contractor from suit by persons adversely affected by the violation.” \u00a0The Court went on to note that qualified immunity may be overcome if the defendant knew or should (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" The U.S. Supreme Court issued an opinion yesterday on the issue of “derivative sovereign immunity”. \u00a0The opinion may impact the way Texas courts rule on that issue in the Fun 5’s case. In Campbell-Ewald v. Gomez, the Supreme Court was…<\/span><\/p>\n