Schillinger v. United States
| 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, 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.