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The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty to an Alberta indigenous community and allowed for declaratory relief. The post Canada Supreme Courtrules declaratory relief may be appropriate in First Nations treaty dispute appeared first on JURIST - News.
Tokyo’s High Court found the government of Japan not liable Tuesday for damages related to the 2011 Fukushima nuclear disaster and associated mass evacuations, leaving responsibility solely with plant operator the Tokyo Electric Power Co. There is also a 2022 court case that found TEPCO executives personally liable.
Climate litigation in Germany has achieved another major victory. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled in DUH and BUND v. Germany that the federal government must adopt an immediate action program (‘Sofortprogramm’) under the Federal Climate Change Act (CCA).
The US Supreme Court has declined to hear an appeal from the South Carolina Department of Parks, Recreation, and Tourism (SCDPR) challenging a lower courtruling that found the state had waived sovereign immunity by participating in a federal antitrust lawsuit against Google.
The three dissenting justices argued that it is primarily the responsibility of the other branches of the state government to redistrict these maps, and it is not the court’s place to do so. This is not the only recent litigation involving electoral maps in the lead-up to the 2024 elections.
According to the court: The MEPA Limitation is unconstitutionally contributing to the depletion and degradation of Montana’s environment and natural resources and contributing to Plaintiffs’ injuries. More rulings like this will certainly come. This is a huge win for Montana, for youth, for democracy, and for our climate.
But then an opening came up in the litigation department, and they decided to give it a try. Fast-forward twenty years, and they’re still loving their litigation paralegal career! Government agencies have a different pace than in-house corporate legal departments. So go read the rules, and then let’s talk.”
The Chief Minister’s commitment to reviving the Act marks a significant shift in policy and governance in Arunachal Pradesh, where religious conversions have been a contentious issue. Khandu emphasized that implementing these rules will not target any specific religion but protect all faiths from forced conversions.
The court rejected this idea. In their decision, the courtruled the wording violated article 28 in its failure to provide notice. Karamagi stated the government used the act to “selectively prosecute” persons with views considered unfavorable to those in positions of power.
Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Gorsuch would have framed the issue before the court as a matter of applying the canons of construing Indian treaties.
The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. In this case, environmental and human rights organizations, including Greenpeace and Oxfam (“the plaintiffs”), had taken legal action against the Government of Spain, alleging inadequate action on climate change. Greenpeace v.
As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. Courts in the Czech Republic and the United Kingdom have provided oversight of government climate mitigation actions. By Maria Antonia Tigre.
The Australian Federal Court Tuesday overturned a ruling that found that Australia’s environment ministry has a duty to protect young people from the effects of climate change when considering fossil fuel projects. That previous ruling, decided in May of 2021, resulted from a lawsuit filed by eight school students and a nun.
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
Share The Supreme Courtruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.
A three-judge panel of the Fifth District Court of Appeals ruled Tuesday that a controversial Texas law, Senate Bill (SB) 4 , will remain on hold as litigation continues. SB4, the controversial Texas law that is the subject of this continued litigation, was originally signed into law in December 2023.
The US Supreme Courtruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). When a relator files a complaint, the Government gets an initial opportunity to intervene in the case.
Share The Supreme Court on Tuesday ruled that a lawsuit filed by an Oregon man who was placed on the No Fly List can go forward even after the government has removed him from the list and pledged not to return him to it “based on the currently available information.” The decision was a victory for Yonas Fikre, a U.S.
Share In an opinion released on Thursday, the Supreme Courtruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The case, Santos-Zacaria v.
The Supreme Court of Canada announced Thursday they would hear the appeal of a lower courtruling that re-implemented Canada’s Safe Third Country Agreement (STCA) with the United States. The STCA was signed between the US and Canadian governments in 2002. The Supreme Court’s hearing has not yet been scheduled.
The US Supreme Court heard oral arguments Wednesday on the case Gonzalez v. Trevino , which concerns the arrest of a Castle Hills, Texas councilwoman who argues that she was arrested in retaliation for her critical speech about the city’s government. In 2019, Sylvia Gonzalez was elected to the Castle Hills city council.
In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.
The other EPA rule at issue, 89 FR 38508, mandates the reduction of certain hazardous air pollutant emissions from coal and oil powered electricity generators. The challenge to the EPA rules were led by 23 Republican-led states, industry groups, power plants and mining companies. The Supreme Court issued the orders without opinion.
The Court of Cassation, France’s highest court, ruled Wednesday to resolve procedural issues in favor of six nonprofit groups in their case against oil giant Total Uganda. In October 2020, the Versailles Court of Appeal affirmed. The CSOs appealed to the Court of Cassation.
Share The Supreme Courtruled on Thursday that information about the federal government’s post-9/11 torture program at CIA “black sites” is protected by the “state secrets privilege,” a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security.
The US Supreme Courtruled Tuesday that Yonas Fikre’s challenge to his previous placement on the No Fly List can proceed, rejecting the government’s claim that his removal from the list rendered the lawsuit void.
Indeed, Roberts reflected, when the whole point of the governments inquiry in deciding whether to grant or deny marketing authorization is whether the products will be sold to the public, the retailers might be the most likely people to challenge the denial of authorization. The government gets sued in a lot of places, she noted.
Federal Court Justice Henry Brown further wrote that the failure to fill judicial vacancies denies Canadians access to justice without delay, a constitutionally enshrined right. The Federal Court found that delays in filling judicial vacancies cause delays in prosecuting and resolving cases.
Keeping up on the litigation landscape with AI-powered legal analytics can help cultivate productive and meaningful client relationships. “As Mammen describes a practice many commercial litigators use to tap into new business opportunities. With registered alerts on a legal analytics platform , litigators can stay proactive.
The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about? In Neubauer, et al. In Neubauer, et al.
Wikimedia challenged the government’s use of Upstream in 2015, as it stored and reviewed some communications from the organization. The US Court of Appeals for the Fourth Circuit allowed the lawsuit to proceed against the NSA in 2017. The appeals courtruled Wednesday that the lawsuit must be dismissed.
Zygmunt Plater, an environmental law professor at Boston College, represented the snail darter before the Supreme Court. He did an excellent job and, in 1978, the Supreme Courtruled that the Endangered Species Act prohibits impoundment of the Little Tennessee River by the Tellico Dam to protect the endangered snail darters.
Finally, in its December 2020 judgment , the Norwegian Supreme Courtruled that the drilling decision did not violate the “right to a healthy environment” as provided by Article 112, and the applicants’ appeal was denied. In May, a Hague court ordered Royal Dutch Shell to cut its carbon emissions 45 percent by 2030.
A look back at significant decisions in climate litigation in 2021. 2021 was a significant year for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. A first decision in climate litigation against private actors. By Maria Antonia Tigre.
” The Competition Appellate Tribunal (COMPAT), in the first round of litigation, remanded the matter for a new judgement, reducing the penalty on CIL from the initial amount of 1733.05 The court dismissed CIL’s argument that the act exempted them from the Competition Act’s application. crore to 591.01 We say no more.
In light of these outcomes, it still remains to be seen how the Swedish courts will in future cases interpret and apply the ECtHRs rules on victim status and standing. It held that the former (climate change claims aimed at specific measures) cannot be heard at all by the Swedish courts.
The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”
Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). Recent Developments on rights-based climate litigation.
This blog post discusses the case and its implications for future climate litigation and policy in Czechia. However, the Court noted that nothing prevents Czechia from setting more ambitious climate goals.
This case has already found its way to the New Mexico Supreme Court. Earlier in the litigation, the courtruled that the gerrymandering claim was “justiciable” under the New Mexico Constitution. Justiciability refers to the ability of a court to hear an issue.
Share The Supreme Courtruled Monday that more than 200 administrative patent judges in the U.S. The courtruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and confirmed by the Senate. Arthrex, Inc.
This article discusses the scope and growth of litigation finance in India. Concept of Litigation Finance. In other words, the third party has a vested interest in the outcome of judicial or arbitral adjudication but is a stranger to the litigant’s claim itself. Legal Evolution of Third Party Litigation Funding in India.
Share The courtruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”
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