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Litigating Enforcement: Germany’s Contested Climate Governance and the New Wave of Climate Litigation

ClimateChange-ClimateLaw

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. Against this backdrop, the decision of the Higher Administrative Court must also be understood as part of a new wave of climate litigation.

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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

The question comes to the court as part of the FDAs efforts to regulate the multibillion-dollar vaping industry. In 2016, the FDA issued a rule indicating that the law applies to e-cigarettes and e-liquids. What arguments could you raise, she queried, that would be different than the manufacturer?

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Does Prior Publication Extinguish a Trade Secret?

Patently O

” Serious Questions : A preliminary injunction in trade secrecy cases require only a “fair chance of success on the merits or questions serious enough to require litigation.” Ultimax Cement Manufacturing Corp. CTS Cement Manufacturing Corp. , Here, the plaintiff raised “a serious question” and that was enough.

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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine. Formica Insulation Co. ,

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International tech litigation reaches the next level: collective actions against TikTok and Google

Conflict of Laws

In an earlier blogpost we reported that the Amsterdam District Court ruled that it had international jurisdiction under the Brussels I-bis Regulation and the GDPR. The settlement addressed issues very similar to those raised in this case, as explicitly outlined in the agreement.

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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Trending Topics in German PIL 2024 (Part 1 – Illegal Gambling and “Volkswagen”)

Conflict of Laws

One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. As a result, vehicles with higher emissions than permitted were registered and marketed.