| Schillinger v. United States | |
|---|---|
 | |
| Argued October 9–10, 1894 Decided November 19, 1894 | |
| Full case name | Schillinger v. United States |
| Citations | 155 U.S. 163 (more) 15 S. Ct. 85; 39 L. Ed. 108; 1894 U.S. LEXIS 2262 |
| Case history | |
| Prior | 24 Ct. Cl. 278 (1889) |
| Holding | |
| The government of the United States may not be sued in Federal Court without its consent | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brewer, joined by Field, Gray, Brown, Jackson, White, Fuller |
| Dissent | Harlan, joined by Shiras |
| Laws applied | |
| Tucker Act | |
Schillinger v. United States, 155 U.S. 163 (1894), is a decision of the United States Supreme Court,[1] holding (7–2, per Justice Brewer) that a suit for patent infringement cannot be entertained against the United States, because patent infringement is a tort and the United States has not waived sovereign immunity for intentional torts.[2][3]
- ^ Schillinger v. United States, 155 U.S. 163 (1894).
This article incorporates public domain material from this U.S government document.
- ^ Durchslag, Melvyn R. "State Sovereign Immunity: A Reference Guide to the United States Constitution", via Google Books, p. 133, Greenwood Publishing Group, 2002. ISBN 0-313-31348-2. Accessed January 20, 2009.
- ^ The United States subsequently waived sovereign immunity for torts committed negligently.
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