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Whitehouse alleges “demonstrably false” fact-finding by conservative justices

SCOTUSBlog

Sheldon Whitehouse continued his effort this week to highlight what he views as problematic behavior by the Supreme Court. Instead, Whitehouse said, they should look to trial courts for the factual record of a given case, and to the legislature for the factual findings that lawmakers made when passing a law.

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court.

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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

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. In an unusual move, Konan, reprented by the Stanford Law School Supreme Court Litigation Clinic, has filed a conditional cross-petition ( Konan v.

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Justices consider next steps in murder case in which prosecution admits error

SCOTUSBlog

The Supreme Court is hitting its stride in sorting through the relists. At its last conference, it granted review of a one-time relist asking whether federal courts must follow state law requiring medical malpractice claims to be supported by an expert affidavit. New Relists Escobar v.

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Restitution, medical malpractice, and a capital appeal

SCOTUSBlog

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Court decisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. Conservation Law Foundation v. DECISIONS AND SETTLEMENTS.

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Court asks for government’s views in decades-old Exxon dispute with Cuba

SCOTUSBlog

Title III of the law allows U.S. Exxon went to federal court in 2019, seeking compensation for its losses from three state-owned companies that, it contends, traffic in seized property. They pointed to the Foreign Sovereign Immunities Act, a federal law that generally gives foreign countries immunity from lawsuits in U.S.

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