ClimateChange-ClimateLaw

DECEMBER 11, 2020

In October, the federal district court for the Eastern District of Texas denied the plaintiff’s request for a preliminary injunction. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 59

Court Government Litigation Litigating 59

SCOTUSBlog

APRIL 26, 2024

Medical Marijuana notes that the Supreme Court indicated – a bit offhandedly, in an opinion addressing another issue – that RICO’s private cause of action “exclud[ed], for example, personal injuries.” If granted, it should make for an interesting argument. We’ll know more soon. Until next time! New Relists Medical Marijuana, Inc.

Felony 113

Felony Personal Injury Court Cause of Action 113

SCOTUSBlog

MARCH 30, 2022

Texas Department of Public Safety , with Justice Clarence Thomas participating remotely after his hospital stay last week. The department responded that as a state agency, it was immune from suit, and a Texas court agreed and dismissed the suit. Texas Solicitor General Judd Stone arguing for the Texas Department of Public Safety.

Statute 100

Statute Cause of Action Court Government 100

Patently O

DECEMBER 6, 2021

In particular, the statute states plainly that venue is proper in any judicial district: (3) a defendant not resident in the United States may be sued in any judicial district … 28 USC 1391(c)(3). But, the statute only permits transfer to a venue where the case “might have been brought.” Kockum Industries, Inc.,

Statute 78

Statute Cause of Action Court Laws 78

Constitutional Law Reporter

JUNE 1, 2023

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. Facts of the Case A Texas jury found petitioner Rodney Reed guilty of the 1996 murder of Stacey Stites. Reed then sued in federal court under 42 U.S.C.

Statute 52

Statute Litigation Litigating Cause of Action 52

SCOTUSBlog

JUNE 20, 2024

Court of Appeals for the 11th Circuit held that as a former employee, Stanley lacked a cause of action under the ADA. Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. In Stanley v. Smith , 23-167 Issues : (1) Whether Hall v.

Court 113

Court Laws Government Real Estate 113

JonathanTurley

OCTOBER 30, 2022

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found herself embroiled in a Halloween tort after the monkey previously used in her act bit a wandering child at the house of horror she created for Halloween.

Tort 45

Tort Litigation Litigating Construction 45

JonathanTurley

OCTOBER 31, 2021

Steven Novak, an artist from Dallas, Texas, believes that Halloween should be a bit more than a traditional plastic pumpkin and a smiling ghost. Police were called to his home in Texas over a possible murder. See Pennsylvania General Assembly Statute §7102. Kansas City Light & Power Company v. 32; 285 S.W. 455 (1926). “A

Tort 47

Tort Litigation Litigating Construction 47

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. Pivotal Software v.

Compensatory Damages 100

Compensatory Damages Government Cause of Action Court 100

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. The provision establishes procedures to be followed in determining what services a child requires, and creates a right to bring a civil action in court to enforce its provisions.

Government 104

Government Education Court Cause of Action 104

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Found Deficiencies in Climate Change and Environmental Justice Analyses for Texas LNG Export Terminals. In addition, the court rejected the federal-officer removal statute, federal enclave jurisdiction, and the Class Action Fairness Act as grounds for removal.

Litigating 40

Litigating Litigation Court Laws 40

SCOTUSBlog

DECEMBER 5, 2024

When the cause of action arises under state law, courts must determine whether the defendant has sufficient contacts within the the courts geographic area of authority that it is fair for the court to exercise its power over them.

Cause of Action 104

Cause of Action Court Statute Government 104

JonathanTurley

OCTOBER 30, 2023

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found not just herself but her pet monkey and emotional support animal Gia (who once performed with her in her act) in a tort lawsuit. Police were called to his home in Texas over a possible murder.

Tort 57

Tort Litigation Litigating Construction 57

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. Macy’s Parade also did not disappoint with its balloon-related mishaps.

Tort 37

Tort Statute Criminal Law Court 37

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. BP America Inc. , 1:20-cv-01429 (D. Exxon Mobil Corp. City of San Francisco , No. 20-0558 (Tex.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” Living Rivers v. Hoffman , No. 4:19-cv-00057 (D. Utah June 21, 2021). In re Enbridge Energy, LP , Nos.

Court 49

Court Litigation Litigating Statute 49