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

ClimateChange-ClimateLaw

Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. Several factors led to the Supreme Court’s decision. On April 24, the U.S.

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When is a Government Official’s Social Media a State Action?

Patently O

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. by Dennis Crouch Lindke v. Freed, 601 U.S. 2024) 22-611_ap6c. ” 42 U.S.C. ” 42 U.S.C. Edmondson Oil Co.,

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. First, as I pledged in my last post , I am only too happy to eat crow after predicting that the court would not take one-time relist Villarreal v. A short explanation of relists is available here. But the U.S.

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Supreme Court will hear Lemon Law case

At the Lectern

At the Supreme Court’s conference yesterday, a double one, actions of note included: Lemon Law. The court granted review in Rodriguez v. The appellate court concluded the definition is “a catchall for sales of essentially new vehicles where the applicable warranty was issued with the sale.” FCA US, LLC.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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