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Board of Governors of the Federal Reserve System , the justices agreed to decide when the six-year statute of limitations to challenge an action by a federal agency begins to run: Is it when the agency issues the rule, even if the plaintiff has not yet suffered any injury from the action; or is it instead when the plaintiff is actually injured?
In July 2012, the United States Agency for International Development (“USAID”) contracted with Aircraft Charter Solutions (“ACS”) to perform aircraft flight operations out of Kabul International Airport in Afghanistan. Roughly a year after the RMA-NWTC contract was signed, a dispute arose. The first has to do with contract drafting.
The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Clean Air Council v. Pruitt , No. 17-1145 (D.C.
The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court in the NorthDakota case had denied the defendants’ request to present a necessity defense. Resolute Forest Products, Inc. Greenpeace International , No.
A few days after the California court issued its order, NorthDakota and Texas asked the Wyoming federal court to lift a stay that the court had imposed in December 2017. Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims.
The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.
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