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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. The impact on FDA matters could be significant.

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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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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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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State.

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

SCOTUSBlog

The question before the Supreme Court is when the clock on that two-year statute of limitations began to run. Normally, Kavanaugh explained, that occurs when a plaintiff has a “complete and present cause of action” – that is, when the plaintiff can actually file a lawsuit and obtain relief.

Court 95
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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).

Legal 79
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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments

Conflict of Laws

Each case has been reviewed and more details, such as the case numbers and causes of action, have been added. As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments.