SCOTUSBlog

JANUARY 24, 2025

As a practical matter, he asked Suri, why is it inconvenient for the government to litigate in one circuit instead of another? A decision in the case is expected by summer. This article was originally published at Howe on the Court. Almost all of the cases are being filed in the Fifth Circuit, he emphasized.

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Mondaq

SEPTEMBER 8, 2021

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA).

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FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. By JP Ellison & Anne K.

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SCOTUSBlog

DECEMBER 9, 2021

To recap the issue in the two cases: A 1996 statute, the Anti-Terrorism and Effective Death Penalty Act, bars federal courts from holding evidentiary hearings in habeas corpus cases if a prisoner “has failed to develop the factual basis of a claim in State court [post-conviction] proceedings.”

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SCOTUSBlog

JULY 9, 2024

In a previous ruling, the court of appeals had concluded that the 30-day statutory deadline is mandatory, with no room for flexibility. Based on that ruling, and looking to Supreme Court decisions rigidly construing similar statutory deadlines, the 11th Circuit held that Sanchez and Palacios were out of luck.

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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SCOTUSBlog

OCTOBER 4, 2023

If the court ruled on the standing question, he seemed to suggest, it would be issuing “an advisory opinion.” Justice Elena Kagan suggested that even if the court could decide the standing question, there was a broader issue at stake.

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Broadcast Law Blog

SEPTEMBER 25, 2014

It is important to recognize that this is a trial court decision by a Federal Court interpreting California law. A California court, in another case addressing this issue, preliminarily reached a different conclusion just a few weeks ago (see this article about that preliminary ruling).

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ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. The last of these cases was the first climate case in the form of administrative litigation. Thus, the court’s approach effectively means that no plaintiff will have standing in any climate change litigation.

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JURIST

MARCH 26, 2025

US District Judge Stephen Locher issued the preliminary injunction after reconsidering the law, known as Senate File 496 , under instructions from a federal appeals court that had vacated his earlier injunction. That standard, Judge Locher wrote, went beyond the US Supreme Court’s well-established precedent on obscenity for minors.

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SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Goertz , 21-442. Issue : Whether the statute of limitations for a 42 U.S.C.

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Conflict of Laws

MAY 6, 2024

However, the respondent fearing compliance with the Scottish locus inspection order, sought an order from Kenyan Court to prevent the execution of the locus inspection order in Kenya, leading to a petition being filed by the Appellants before the Employment and Labour Relations Court in Kenya.

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Patently O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses. 20, 2023).

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FDA Law Blog

APRIL 23, 2021

So, the obvious question to many readers is how does this Supreme Court decision implicate FDA? In other words, can FDA, through the Department of Justice (DOJ), request that a court impose monetary sanctions against a person who violates the Federal Food, Drug, and Cosmetic Act (FDC Act) in light of the AMG decision?

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Conflict of Laws

SEPTEMBER 14, 2023

As discussed further below, the addition of “rulings” (??) to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.” but not to “rulings.” In another change from the draft law, the NPC Standing Committee has added “PRC Courts” (??????????)

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The Crime Report

JANUARY 4, 2023

When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. The question, then, was how to get the method into trial without litigating the science behind it or teeing up an appeal. Riley said again and again that he thought his brother was dead.

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Attorney Court Laws Education 98

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. CLIMATE LITIGATION CHART. and non-U.S. ADDITION TO THE NON-U.S.

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Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. The States lack Article III standing because this Court’s precedents and the ‘historical experience’ preclude the States’ ‘attempt to litigate this dispute at this time and in this form.’”

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No. filed Nov.

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Patently O

MARCH 24, 2022

Hirshfeld has the legal power to fulfill the expanded job as required by the Supreme Court’s decision. Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background.

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SCOTUSBlog

MAY 28, 2021

Hill , the Louisiana Supreme Court affirmed a district court ruling that struck down two state statutes — one requiring sex offenders to obtain specialized identification cards (with the words “SEX OFFENDER” in all caps) and the other prohibiting alteration of such identification documents. In Louisiana v.

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Conflict of Laws

AUGUST 22, 2023

786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 3, where the Beijing Fourth Intermediate People’s Court ruled to recognize and enforce a trademark judgment of the Korean Supreme Court. 99 Trade Co.

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ClimateChange-ClimateLaw

MARCH 6, 2025

This blog post discusses the case and its implications for future climate litigation and policy in Czechia. First Dismissal by the Supreme Administrative Court In February 2023, the Supreme Administrative Court of the Czech Republic overturned the Prague Municipal Courts decision and returned the case for further proceedings.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision. Eva Balounová *.

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Conflict of Laws

SEPTEMBER 30, 2024

This decision is also interesting because it is unlikely, if not impossible, to have foreign judgments recognized and enforced in Thailand. 1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor.

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JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

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Conflict of Laws

FEBRUARY 16, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

APRIL 20, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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SCOTUSBlog

MARCH 24, 2025

Several of the courts conservative justices expressed skepticism about the map and about whether the 2022 ruling on which Louisiana relied to justify the creation of a second majority-Black district in the state was actually correct, but it was unclear whether those concerns would be enough to uphold the lower courts ruling.

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Conflict of Laws

JANUARY 11, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

Conflict of Laws

AUGUST 31, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

JUNE 21, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

SEPTEMBER 28, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vis-a-vis International Commercial Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Resolution”, Journal of Dispute Resolution 2022-02, pp. Litigants”, New York University Law Review 94 (2019), pp 1210-1243.

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SCOTUSBlog

OCTOBER 5, 2024

In doing so, he writes, the state court applied that law “essentially verbatim” in its opinion, without referring to federal law. Glossip counters that there is a “high hurdle” to overcome the presumption that the Supreme Court can review a state court ruling on an issue of federal law.

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SCOTUSBlog

JANUARY 13, 2025

In Ashcroft , the group notes, the Supreme Court specifically identified content-filtering software as a better way to limit young peoples access to inappropriate material without burdening adults access to speech they have a right to receive. This article was originally published at Howe on the Court. And although H.B.

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