The Volokh Conspiracy

JUNE 13, 2025

Yesterday, the Supreme Court unanimously ruled in favor of an innocent Atlanta family, represented by IJ, whose home was mistakenly raided by an FBI SWAT team. So when people exposed to Agent Orange sued Dow in state court, Dow was able to have the case removed to federal court under the federal-officer removal statute.

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Court Tort Personal Injury Court Rules 83

SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. The district court dismissed Konans claims, finding them barred by the postal exception. Konan , the government now seeks review. But the U.S.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. King sued them under the Federal Tort Claims Act and under Bivens v. The district court dismissed both, King appealed only the Bivens action, and the U.S.

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SCOTUSBlog

MARCH 26, 2025

A series of Supreme Court decisions have weighed in on the 1971 laws campaign-spending rules. Valeo , the court struck down the limits on independent expenditures but generally upheld the limits on contributions. United States should be extended to bar claims under statutes other than the Federal Tort Claims Act.

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Court Court Decisions Tort Government 86

SCOTUSBlog

JUNE 2, 2025

But the Court does not grant review to correct factbound errors, it emphasized and in any event, the lower courts decision was correct. His case, along with the others granted on Monday, will likely be argued in the fall, with a decision to follow sometime next year. In The GEO Group v.

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ClimateChange-ClimateLaw

APRIL 23, 2021

The decision has already started to populate briefings in other climate cases brought by state and local governments against fossil fuel companies, and it will undoubtedly occupy a good deal of debate as those cases progress, both in the current stage of removal-remand battles and in the motions to dismiss that will follow.

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Statute Laws Court Court Decisions 75

SCOTUSBlog

JANUARY 23, 2025

While the Supreme Court routinely throws out lower-court decisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Relisted after the Dec. 10 and Jan. 17 conferences.) Apache Stronghold v.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v.

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SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.

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Healthcare Tort Education Court 100

SCOTUSBlog

JANUARY 16, 2025

Until 2020, the horse-racing industry was governed primarily by the states, resulting in a patchwork of differing regulations. The district court dismissed both claims. The authority noted that the FTC has the power both to stop enforcement actions by the authority and to review decisions once they are made. 10 conference.)

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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Court Statute Government Litigating 45

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. In re Enbridge Energy, LP , Nos.

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ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order. Frosh , No.

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