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The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court is making good progress in sorting through the current relists. The court is now holding a second relisted petition raising a similar issue, Elliott v. This week it disposed of four.
Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The question now is how much of the total settlement Florida can recover.
The Ninth Circuit Court of Appeals reversed a district courtdecision 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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.
To state a claim for public disclosure of private facts under Florida law, "a plaintiff must allege (1) the publication, (2) of private facts, (3) that are offensive, and (4) are not of public concern."} Therefore, Plaintiff's well-pleaded factual allegations are sufficient [under the disclosure tort -EV].
Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.
In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’sdecision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,
The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. DECISIONS AND SETTLEMENTS. Creative Commons, NYC Manhattan Skyline.
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