SCOTUSBlog

MARCH 20, 2025

As is frequently the case when the court denies review in cases that have been relisted repeatedly, denial occasioned dissent, this time from Justice Clarence Thomas, joined by Justice Neil Gorsuch.

Court 87

Court Attorney Tort Laws 87

At the Lectern

APRIL 12, 2023

Three of the cases resulted in Supreme Court opinions. One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. The third CLAY award Supreme Court decision is Sheen v. 5th 905 — “ Lenders don’t owe borrowers a general duty of care, top state court rules.”

Lawyer 81

Lawyer Lawyers Immigration Court 81

Conflict of Laws

MARCH 7, 2025

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p.

Laws 59

Laws Tort Contract Legal 59

Conflict of Laws

AUGUST 29, 2024

Pereira (Supreme Court decision 376 K/Pdt. Indonesian legislation and court practice generally uphold the principle of party autonomy. The chapter further discusses the law applicable to specific torts, including negligence, nuisance, wrongful interference with goods, defamation, and environmental damage and pollution.

Laws 59

Laws Contract Tort Divorce 59

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 122

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 96

Contract Laws Statute Litigation 96

SCOTUSBlog

JANUARY 10, 2023

Levin’s reply seemed to be that a court decision endorsing the primary-purpose test would make it “broke” because it would create the very problem that the court granted review to resolve. “If It may have reminded her of her first-year torts class. Does it have to be 51/49 in favor of a legal purpose?

Attorney 101

Attorney Lawyer Lawyers Legal 101

SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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Immigration Statute Government Tort 73

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. Administrative Case: Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Urgenda Foundation v.

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Court Construction Litigation Litigating 115

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.

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Laws Tort Drafting Litigation 40

Conflict of Laws

MARCH 29, 2023

In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court. The English Court said that extending the tort to foreign proceedings “would be out of step with [its] ethos”, which is “the Court’s control of its own powers and resources” (at [97]).

Court 52

Court Tort Cause of Action Litigating 52

Conflict of Laws

FEBRUARY 27, 2022

He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. PA, with a case comment by Judge Ms.

Procedural Law 52

Procedural Law Law School Tort Contract 52

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.

Tort 67

Tort Court Government Laws 67

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 Cologne court decision combined several precedents of the German Federal Court and the European Court of Justice. Recent decisions have clarified some issues.

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Contract Tort Procedural Law Court 10

Constitutional Law Reporter

JUNE 17, 2022

Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). The Turkish guest unlawfully entered Canada later that evening.

Cause of Action 52

Cause of Action Court Tort Immigration 52

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.

Laws 59

Laws Divorce Legal Legal 59

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 Litigation Litigating 130

Conflict of Laws

JUNE 2, 2022

Lagoudi; Court of First Instance Korinthos No 1/2022, on the topic of parental care and maintenance of an out-of-marriage minor by parents of foreign citizenship, with commentary by Dr. G.-A.

Tort 40

Tort Procedural Law Court Laws 40

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

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

Conflict of Laws

SEPTEMBER 14, 2023

Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. It is unclear if Chinese courts applying the FSIL will reach the same conclusion. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

Drafting 49

Drafting Court Laws Tort 49

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 ).

Litigation 40

Litigation Litigating Court Personal Injury 40

SCOTUSBlog

AUGUST 21, 2024

Here’s the Wednesday morning read: Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press) Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9) Supreme Court decisions could determine future of clean air, water in East (..)

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Tort Court Decisions Court Laws 106

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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Litigation Litigating Attorney Court 40

JURIST

JANUARY 14, 2025

The two lawsuits, one led by Sunoco and one led by Shell allege that the Supreme Court of Hawaii overstepped the separation of powers entrenched within the constitution by violating the state-law pre-emption clause in the Clean Air Act and the precedent set by the City of New York v.

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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 Jan. 10 and Jan. 17 conferences.) Relisted after the Jan. 10 and Jan 17 conferences.)

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Court Tort Education Government 112

Conflict of Laws

DECEMBER 17, 2020

What I would consider as an ambitious aspect of the book, however, is the authors’ categorical position regarding the non-binding effect of the obiter dicta of some Supreme Court decisions.

Laws 52

Laws Stare Decisis Legal Legal 52

JonathanTurley

NOVEMBER 27, 2022

It claims economic damages from being “falsely and horrifically associated with the repulsive and deeply disturbing subject of the court decision.” ” The Theory of Liability .

Court 55

Court Depose Court Decisions Cause of Action 55

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. 97182-0 (Wash.

Court 40

Court Statute Government Tort 40

SCOTUSBlog

JANUARY 16, 2025

Judicial factfinding for restitution Under Apprendi v. New Jersey , [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.)

Tort 101

Tort Statute Court Laws 101

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 88

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.

Healthcare 101

Healthcare Tort Education Court 101

ClimateChange-ClimateLaw

APRIL 23, 2021

But Congress clearly knows how to “speak directly” to particular issues involving foreign affairs, and to delegate authority to the executive branch to forge international arrangements and determine the adequacy of the reciprocal benefits they provide in order to address them.

Statute 75

Statute Laws Court Court Decisions 75

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. They seek a court decision setting aside government approvals of the power plant.

Court 45

Court Statute Government Litigation 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.

Court 49

Court Litigation Litigating Statute 49

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