ClimateChange-ClimateLaw

MARCH 27, 2025

Last week, building electrification secured an important victory in the United States District Court for the Southern District of New York. This blog post discusses Local Law 154, unpacks Judge Abrams decision, and ends with a refresher on California Restaurant Association v. City of Berkeley ( Berkeley ).

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Constitutional Law Reporter

APRIL 1, 2025

EPA , 604 U.S. _ (2025), the U.S. Supreme Court again limited the Environmental Protection Agencys (EPA) power under the Clean Water Act (CWA). According to the Courts five-member majority, the EPA cant enforce requirements in wastewater permits that do not spell out what a permittee must do or refrain from doing.

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SCOTUSBlog

MARCH 20, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is hitting its stride in sorting through the relists. The court also agreed to take up a twice-relisted challenge to Colorados ban on conversion therapy.

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SCOTUSBlog

MARCH 6, 2025

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. Once again this week, the Supreme Court has been busy sifting through the relists. Grants are now filling in the 2025-26 term, which will start in October.) A short explanation of relists is available here.

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Law 360

JULY 5, 2024

Catch up this week with a glimpse into Project 2025's proposals for federal labor policy and the National Labor Relations Board, a look at six significant wage and hour rulings in the first half of 2024 and how the U.S. Law360 Employment Authority covers the biggest employment cases and trends.

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Conflict of Laws

JANUARY 3, 2025

While the parties had chosen Dutch law to be applicable to the contract, the court held that the German provision was applicable in view of Art. In its new decision, the court reiterated that sanctioned Russian parties remain bound to previously concluded arbitration agreements. 40 KGSG as overriding mandatory provisions.

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Constitutional Law Reporter

DECEMBER 11, 2024

Supreme Court has agreed to consider whether Mexican government may continue its lawsuit against U.S. Lower Courts Decision The district court dismissed the case under the Protection of Lawful Commerce in Arms Act (PLCAA), which generally bars suits against firearms companies based on criminals misusing their products.

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Conflict of Laws

FEBRUARY 26, 2025

The authors discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. 1215/2012 does not foresee the jurisdiction of European courts for such claims. The focus is on trial proceedings.

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Conflict of Laws

JANUARY 8, 2025

The payment of child maintenance is not always ordered by a court. In case of non-payment, enforcement can be carried out in the State of origin, in the same way as a court decision. Maintenance debtors may commit themselves to make these payments in an enforceable deed, also called authentic instrument.

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ClimateChange-ClimateLaw

MARCH 6, 2025

On November 26, 2024, the Supreme Administrative Court of the Czech Republic dismissed the countrys first strategic climate case ( Klimatick aloba R v. The plaintiffs, partially successful in the first instance court (see here ), have already filed a constitutional complaint with the Czech Constitutional Court.

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Constitutional Law Reporter

MARCH 26, 2025

EPA , 604 U.S. _ (2025), the U.S. Supreme Court again limited the Environmental Protection Agencys (EPA) power under the Clean Water Act (CWA). According to the Courts five-member majority, the EPA cant enforce requirements in wastewater permits that do not spell out what a permittee must do or refrain from doing.

Court Decisions 52

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Constitutional Law Reporter

MARCH 20, 2025

Simon , 604 U.S. _ (2025), the U.S. Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). The Courts decision was unanimous. Circuit Court of Appeals affirmed. In Hungary v.

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Broadcast Law Blog

SEPTEMBER 18, 2018

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here , and provided more details here. The Court also found that the decision as the auditors had a basis in the record.

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Broadcast Law Blog

SEPTEMBER 18, 2018

The US Court of Appeals today released a decision upholding the Copyright Royalty Board’s 2015 decision setting the SoundExchange royalty rates for 2016-2020. We wrote about that decision here , and provided more details here. The Court also found that the decision as the auditors had a basis in the record.

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Broadcast Law Blog

JANUARY 5, 2022

Most, but not all, of these developments follow from last year’s Copyright Royalty Board decision raising webcasting rates for 2021-2025 (see our article here summarizing that decision). The CRB’s decision was published in the Federal Register in October 2021.

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Conflict of Laws

MARCH 18, 2025

On March 7, 2025, Judge Stephen N. The district court initially held that all the claims were barred by the FSIA, but the Eighth Circuit reversed on the hoarding claim. The District Courts Judgment The Chinese defendants decided not to appear and defend against Missouris claims. Reposted with permission. Limbaugh, Jr.

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Conflict of Laws

APRIL 1, 2025

On 20-21 March 2025, a conference on Characterisation in the Conflict of Laws was convened at St Hildas College, Oxford. with a focus on the courts of England and Wales. He provided seven steps of dealing with how the courts must engage with characterisation. The author of this report is Meltem Ece Oba (Ko University, Istanbul).

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FDA Law Blog

MARCH 6, 2025

In accordance with Supreme Court precedent, the Department is restoring constitutional accountability so that Executive Branch officials answer to the President and to the people. Court of Appeals for the Third Circuit, Axalta Coating Systems LLC v. 109 (2024), the Supreme Court upheld a decision by the U.S. Bondi , No.

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SCOTUSBlog

MARCH 21, 2025

Share Just over two years ago, following the launch of ChatGPT, SCOTUSblog decided to test how accurate the much-hyped AI really was at least when it came to Supreme Court-related questions. On the question about original and appellate Supreme Court jurisdiction (Question #5), the AI no longer confuses the two as it once did.

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Court-MartialTrialPractice

FEBRUARY 21, 2025

Deremer , 2025 CCA LEXIS 46, 2025 WL 427756 (N-M.Ct. 2025), NMCCA decided that when an alleged victim has an SVC, the MCIO must notify the SVC of any interviews, especially those with intent to interrogate the “victim” about a false allegation. 202300205, 2025 CCA LEXIS 46, at *11-12 (N-M Ct. United States v.

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Above The Law

MARCH 11, 2025

(Image via Getty) It is the rare judicial opinion, particularly in the IP arena, that starts with the court admitting that they got an earlier decision wrong. Widely (and rightly) hailed as one of the judiciarys most incisive and eloquent opinion authors, Bibass February 11, 2025 opinion in Thomson Reuters v.

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Conflict of Laws

MARCH 21, 2025

At the heart of this legal uncertainty is the Supreme Courts decision in Republic of Argentina v. With Wye Oak s attorneys petitioning for certiorari in January 2025 , the case presents a critical opportunity for the Supreme Court to resolve the longstanding circuit split on the FSIAs direct effects clause.

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Conflict of Laws

FEBRUARY 24, 2025

Teare J at first instance held that the English court lacked jurisdictionfinding that the arbitration agreements were governed by French substantive rules and that England was not the appropriate forumwhereas the Court of Appeal reversed this decision by granting a final anti-suit injunction requiring RCA to terminate its Russian proceedings.

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At the Lectern

APRIL 3, 2025

And, sure enough, at two consecutive December conferences, the court took on nine new cases. In the more than three months since that December spree, however, the court has straight granted a total of only four cases, the last one coming at the end of February. The court granted review in York v. Superior Court.

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ClimateChange-ClimateLaw

MARCH 19, 2025

6] At the colloquium, former Delaware Supreme Court Chief Justice Leo Strine reiterated that corporate fiduciary duties should continue to focus solely on the interests of profits for shareholders. [7] 9] See Iva Lea Aurer, Guest Commentary: An Assessment of the Hague District Courts Decision in Milieudefensie et al.

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JonathanTurley

JANUARY 21, 2025

Here is the column: On January 20, 2025, the shock and awe campaign of the Justice Department came to an end as President Donald Trump pardoned 1,500 January 6th defendants. In the recent Supreme Court decision in Fischer v. However, the Justice Department itself may have made the strongest case for presidential pardons.

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SCOTUSBlog

FEBRUARY 24, 2025

Share The Supreme Court on Monday morning released a long list of orders from the justices private conference on Feb. Over dissents or statements from several justices, the court denied review in cases that they had considered repeatedly at their recent conferences. 21 the first regularly scheduled conference in nearly a month.

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Above The Law

JANUARY 24, 2025

When looking at the judges appointed by both presidents, it is clear that their circuit court appointees show distinct patterns in terms of gender, race, and geographic representation. Court of Appeals circuits, including the Ninth, Fifth, and Seventh Circuits. The average vote differential for Trumps circuit court judges was 23.2.

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Above The Law

MARCH 7, 2025

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. One clear distinction is in their total engagement at oral argument.

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FDA Law Blog

FEBRUARY 12, 2025

Clissold On January 21, 2025, the Trump administration withdrew FDAs proposed ban on menthol cigarettes, which the Biden administration initially introduced in 2022. By Sophia R. Gaulkin & Esther Petrikovsky & David B. This move is the latest step in FDAs long, uncertain, and controversial journey to ban menthol cigarettes.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. DEA , where the court upheld the DEAs denial of psilocybin use under the Controlled Substances Act. Ludlow Sch.

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Above The Law

MARCH 4, 2025

But virtually without exception, presidents have abided by court orders, even ones with which they strongly disagree. There are disturbing signs that the administration of President Trump will defy court orders. On several occasions, the administration has proclaimed that the President is not required to comply with court decisions.

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Above The Law

MARCH 31, 2025

The Eiffel Tower, Paris (photo by Renee Jefferson) One professional item to share – Law360 selected me to join its 2025 Editorial Advisory Board on Legal Ethics. From the website: On March 28 2025, Jenner & Block filed a lawsuit to stop an unconstitutional executive order that has already been declared unlawful by a federal court.

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ClimateChange-ClimateLaw

JULY 5, 2024

Federal agencies operate in a rapidly evolving legal landscape, one in which Supreme Court decisions in cases like last week’s Loper Bright Enterprises v. If in 2025 Democrats hold the presidency and a majority in Congress, we may see an Inflation Reduction Act 2.0; if Trump wins, the regulatory vacuum will surely grow.

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Above The Law

FEBRUARY 10, 2025

But it’s 2025 and half the country already adjusted their schemas to accept hoarding nuclear codes by a toilet, so there’s a population already primed to get BIG MAD that the judiciary might not give our social security numbers to teenagers who’ve already lost jobs for being cybersecurity risks. It’s Q.E.D.

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Above The Law

FEBRUARY 12, 2025

It’s led some to wonder — and fear — what exactly will happen if the Trump administration pulls a Bartleby the Scrivener and just… prefers not to follow a court order. That (increasingly likely) scenario is not super concerning to one person — Supreme Court Justice Sonia Sotomayor.

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ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. DECISIONS AND SETTLEMENTS. Creative Commons, NYC Manhattan Skyline.

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