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Liability for undelivered mail and the chilling effect of subpoenas

SCOTUSBlog

The district court dismissed Konans claims, finding them barred by the postal exception. It reasoned that loss and miscarriage cover intentional acts, as the statute only qualifies transmission with negligent. Court of Appeals for the 5th Circuit reversed , holding that the exception doesnt apply to intentional nondelivery.

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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. 21 and Feb.

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

SCOTUSBlog

Court of Appeals for the District of Columbia Circuit, which by a vote of 2-1 upheld the district courts decision. There is no deadline for the solicitor general to respond to the courts request for the governments views.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. 1442, or the civil-rights removal statute, 28 U.S.C. Rhode Island v. Subsequent to the Supreme Court decision, the government of Nepal passed the Environment Protection Act of 2019 and the Forests Act of 2019. Shrestha v.

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Red states urge Supreme Court to block suits against big oil

SCOTUSBlog

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 Jan. 10 and Jan. 17 conferences.) Ocean State Tactical, LLC v. Relisted after the Jan. 10 and Jan. 17 conferences.)

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Rhode Island v. 20-35412 (9th Cir.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

DECISIONS AND SETTLEMENTS. Rhode Island Federal Court Denied Motion to Stay Remand Order in Rhode Island’s Climate Change Case. Rhode Island v. Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. Mayor & City Council of Baltimore v. BP p.l.c. ,

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