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Supreme Court Rules that SEC and Potentially Other Agencies Cannot Impose Civil Penalties in Administrative Proceedings

FDA Law Blog

That the claim rested on a federal statute and required the SEC to establish facts that do not match any cause of action known to the common law in 1791 was not dispositive. According to the Court, the remedy is considered the more important factor. So the SEC has the option of retrying Jarkesy in a district court.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

However, despite allowing the Minister’s appeal, the Court rejected the Minister’s argument that the primary judge made findings based on evidence of climate change that were unfounded. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

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Court revives DNA evidence case of Texas man on death-row

SCOTUSBlog

Share The Supreme Court on Wednesday revived the case of a man on death-row in Texas who is seeking DNA testing to provide evidence that he asserts will clear him. Court of Appeals for the 5th Circuit that Rodney Reed had filed his challenge to the Texas law governing DNA testing too late.

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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Nearly all of the state and local government plaintiffs filed their cases in state court. Fossil fuel company defendants responded by removing the cases to federal court. The fossil fuel company defendants vigorously fought to keep the cases in federal court because they viewed them as easier to dismiss in federal court.

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Can you sue the police for Miranda violations? Court will wrestle with rules, rights, and remedies for wrongs.

SCOTUSBlog

Arizona is one of the most significant Supreme Court decisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. The trial court denied Tekoh’s motion and admitted his statement.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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