ClimateChange-ClimateLaw

JUNE 26, 2023

This makes it difficult for citizens to bring claims against corporations and request an injunction on the basis of tort law to activities that are harmful to climate even though climate change is known to cause health damage to people. The government support coal, despite the availability of lower-emission alternatives, including renewables.

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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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Tort Court Litigation Litigating 107

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.

Contract 81

Contract Laws Statute Litigation 81

Conflict of Laws

MARCH 18, 2025

The original complaint asserted four claims under Missouri tort law: (1) public nuisance, (2) abnormally dangerous activity, (3) breach of duty by allowing the transmission of COVID, and (4) breach of duty by hoarding PPE. The District Courts Judgment The Chinese defendants decided not to appear and defend against Missouris claims.

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Tort Court Government Laws 45

Paralegal Bootcamp

JULY 24, 2023

Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on. Attention to detail is very important for litigation paralegals. Being a proficient legal researcher makes you an invaluable asset to your team.

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Paralegals Paralegal Litigating Litigation 130

Conflict of Laws

SEPTEMBER 14, 2023

Article 6, on the other hand, says that a foreign state shall not be deemed to have consented to jurisdiction by appearing in Chinese court to assert immunity, by having its representatives testify, or by choosing Chinese law to govern a particular matter. These provisions track Articles 7-9 of the U.N. Convention. This makes sense.

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Drafting Court Laws Tort 49

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. This decision has since been followed by many Indonesian judges. A robust and clearly expressed methodology of doctrinal and empirical research is applied.

Contract 52

Contract Laws Civil Law Procedural Law 52

ClimateChange-ClimateLaw

MARCH 21, 2022

2021 Federal Court Decision . In May 2021, the Court dismissed the application for an injunction. The decision was highly regarded as breaking legal grounds and representing a significant shift in climate litigation towards a duty for governments to care about climate harms (see here and here ).

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Climate Litigation Chart (Update #92): FEATURED CASE. Alaska Oil & Gas Association v.

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Litigating Litigation Attorney Court 40

Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

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Tort Litigating Litigation Legal 75

Conflict of Laws

JANUARY 30, 2024

The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children. It suggests that Japan might consider recognizing parentage through foreign decisions.

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Laws Divorce Legal Legal 59

Conflict of Laws

JUNE 7, 2022

F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?” This article assesses these decisions and their significance for transnational corporate accountability.

Laws 40

Laws Tort Drafting Litigation 40

Conflict of Laws

SEPTEMBER 1, 2022

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. The article provides criteria to determine whether the close connection rule in Article 4(3) Regulation Rome II can lead to the application of the law governing the contract.

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Contract Tort Procedural Law Court 10

Conflict of Laws

APRIL 26, 2021

Thirdly, by considering the impact on the UK’s and the EU’s relationships with third countries, with particular reference to the 2007 Lugano Convention and Hague Choice of Court Convention. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JULY 5, 2021

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. This comment raises the question whether the decision reduces or in effect continues the previous uncertainty.

Contract 52

Contract Procedural Law Court Laws 52

JURIST

JANUARY 14, 2025

Chevron Corp – which found that state tort law is inapplicable as a tool to govern greenhouse gas emissions. Greenhouse gas emissions, they argue, are international and generally lack clear individuals who can be held responsible, making them fall under federal government authority.

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Tort Court Government Court Decisions 223

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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Court Tort Education Government 98

Conflict of Laws

DECEMBER 17, 2020

Successive Nigerian governments across all tiers have made the attraction of foreign investments a cardinal part of their economic policies and have accordingly made deliberate efforts and committed abundant resources to attract foreign investments into Nigeria. [1]

Laws 52

Laws Stare Decisis Legal Legal 52

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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Court Statute Government Tort 40

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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Tort Statute Court Laws 88

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 67

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

DECEMBER 3, 2021

Court of Appeals for the Federal Circuit reversed, ruling that the 50% tariff was part of an ongoing plan of action that Trump had properly initiated earlier. United States. Bridgeton Landfill, LLC. United States.

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Healthcare Tort Education Court 94

JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

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Laws Tort Law School Constitutional Law 58

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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Court Statute Litigation Litigating 49

ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. The court invited the conservation groups to seek amicus curiae status.

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Court Statute Government Litigation 45

ClimateChange-ClimateLaw

APRIL 9, 2021

In addition, the court concluded that FOIA obligated DOI to take additional steps to search Zinke’s government-issued phone. The appellate court agreed with the OAG that redacted portions of the application were privileged as “preliminary communications made between a client and its prospective counsel while seeking legal assistance.”

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Court Statute Litigation Litigating 122