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No cause of action against employers for take-home COVID

At the Lectern

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. 1] See Common Law Claims, Sabin Center Climate Change Litigation Database (accessed Feb.

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KlimaSeniorinnen and Gender

ClimateChange-ClimateLaw

Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.

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SCOTUS Sides With Death Row Inmate in DNA-Testing Case

Constitutional Law Reporter

According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation.

Statute 52
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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. A large rock was found with blood on it nearby. Donnie Cochenour Jr.,

Tort 50
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Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

18] This more narrow construction of the party scope of dispute resolution clauses raises the risk of B manipulating the situation and evading the dispute resolution clause by pursuing claims against C. If this means that there would be parallel litigation across a few jurisdictions, the courts should not shy away from that conclusion. [28]

Tort 45
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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. A large rock was found with blood on it nearby. Donnie Cochenour Jr.,

Tort 48