10 U.S.C. § 434 — Reservation of defenses and immunities
submitted 35 years ago by Pub. L. 102-88 to r/title-10-ARMED-FORCES · 37 words · no verdicts yet
The U.S. government sometimes has to defend itself in court over a commercial activity run under this subchapter. Going through that court process doesn't give up the government's normal legal defenses or its immunity from lawsuits. Those protections stay in place no matter what state or other jurisdiction is involved.
This section protects the United States from accidentally losing its legal protections. When the government submits to judicial proceedings in a state or other legal jurisdiction - in connection with a commercial activity carried out under this subchapter - that act of submitting to the proceedings does not by itself count as a waiver. Specifically, it does not waive the "defenses and immunities of the United States," meaning the government keeps its normal legal defenses and its sovereign immunity protections even while participating in that court case.
The submission to judicial proceedings in a State or other legal jurisdiction, in connection with a commercial activity undertaken pursuant to this subchapter, shall not constitute a waiver of the defenses and immunities of the United States.
Source credit: (Added Pub. L. 102–88, title V, § 504(a)(2), Aug. 14, 1991, 105 Stat. 439.)
- 1991Enacted · Pub. L. 102-88 · 105 Stat. 439
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-88 on 1991-08-14.
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