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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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I am the smart one: Sideshow Patent Litigation

Patently O

Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . Again, over Mycroft’s objection, the court allowed testimony about the disputes between neighbors in Hawaii when the relevance, if any, of this testimony to the current litigation is marginal and tangential.

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Developments in Opposition to Renewable Energy Facilities Through December 2023

ClimateChange-ClimateLaw

There has been significant litigation against offshore wind projects. All of these federal lawsuits include claims that the agencies approving the projects violated the National Environmental Policy Act, among other federal causes of action.

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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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In term-opener, justices will hear Mississippi’s complaint that Tennessee is stealing its groundwater

SCOTUSBlog

The court’s decision could fundamentally restructure interstate groundwater law in the United States for decades — or the case could be dismissed immediately on the grounds that Mississippi has failed to allege the proper cause of action. At the same time, however, the Idaho v.

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United Kingdom Supreme Court confirms that consequential loss satisfies the tort gateway for service out of the jurisdiction

Conflict of Laws

9)(a) to damage which is necessary to complete a cause of action in tort or, indeed, for according any special significance to a place simply because it was where the cause of action was completed”: at [49]. Three main reasons were given.

Tort 52
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Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

3] Where the anti-suit application is to restrain foreign proceedings brought in breach of an arbitration or choice of court agreement, ordinarily it would be granted unless strong cause is shown by the respondent. [4] Clear language is required before an exclusive jurisdiction clause covers claims brought by or against third parties. [17]

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