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Sua Sponte State Law Certification in Opioid MDL Appeal

SquirePattonBoggs

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). A — perhaps the — critical issue in the appeal is whether Ohio law allows such a public-nuisance claim. Tompkins , 304 U.S.

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Climate Litigation Chart Updates – November 2016

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. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. The state courts in Florida and Connecticut have become more likely to enforce in recent years. In theory, the fact that the federal courts apply federal common law to this question should produce uniform results across the nation.

Court 52
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Private rights of action, overtime pay, and the constitutionality of a billboard tax

SCOTUSBlog

It’s a little surprising the court let stand a federal court decision invalidating a state statute on constitutional grounds, but animal-rights groups defending that decision argued persuasively that state statutes are in a state of flux and it would be premature for the justices to take up the case now.

Statute 98
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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

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.

Statute 103
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They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars.

The Crime Report

Tracy Harpster, a deputy police chief from suburban Dayton, Ohio, was hunting for praise. When agencies refused to turn over public records, ProPublica’s lawyers threatened litigation and in one case sued. Then 43, he had spent most of his career with the Moraine, Ohio, police department. Harpster was rapt.

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Menthol vapes and forum shopping, FDA tobacco control comes before justices

SCOTUSBlog

If the lower courts decision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. This article was originally published at Howe on the Court.