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Share Less than two months after oral argument, in its first interstate groundwater case, the Supreme Court unanimously decided that Mississippi must rely on a doctrine known as equitable apportionment if it wants to sue Tennessee over the shared Middle Claiborne Aquifer. As expected, the court’s opinion in Mississippi v.
In teaching torts, I begin my discussion of the intentional infliction of emotional distress by having students write in their notes “not everything is the infliction of emotional distress.” Keisel brought an array of tort claims that have now been correctly rejected by the courts. Here as elsewhere, context is key.
This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.
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.
Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it. The court will issue orders from that conference on Monday, May 17, at 9:30 a.m.
In the context of countering plaintiffs’ assertion that the death was a homicide, defendant shared autopsy photographs of the son as well as some of his text messages, both of which were public records released by the Mississippi Attorney General’s Office. On appeal, this ruling was affirmed. Summary judgment was therefore affirmed.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.
” The 13 states expressly named are thirteen states: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, Wisconsin, and Oklahoma. companies or court will not do so. Supreme Court has long debated the question with sharply different views.
Share The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. In 1974, the Supreme Court ruled that the Constitution generally permits states to strip people convicted of felonies of their right to vote. Section 241 of Mississippis constitution is no exception.
Former President Donald Trump is suing CNN in a $475 million defamation lawsuit, according to a complaint filed in federal court in the Southern District of Florida on Monday. Sullivan, where the Supreme Court held that the first amendment requires breathing space for free speech in criticizing public officials. He prevailed at trial.
In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. One reason the petitioners asked the D.C.
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