ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. All three of Smith’s claims will now proceed to what may the be first full climate tort claim in a common law jurisdiction.

Litigating 75

Litigating Litigation Laws Tort 75

SCOTUSBlog

APRIL 4, 2022

Larry Thompson was charged with resisting arrest and obstructing a government investigation when he attempted to stop police from entering his apartment in response to a false call about child abuse. The elements of the constitutional claim match those of the tort. Background. The final element serves multiple purposes.

Tort 111

Tort Court Litigation Litigating 111

Paralegal Bootcamp

FEBRUARY 3, 2025

Another example, most litigation paralegals need to have ediscovery skills that require ediscovery training on the process, workflow, and tools related to ediscovery. Most paralegal certificate programs only teach you the basics of theory and terminology in the core areas of civil litigation, real estate, corporate, and torts.

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Paralegals Paralegal Paralegal Certificate eDiscovery 130

SCOTUSBlog

APRIL 25, 2025

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists. Relisted after the Apr.

Court 77

Court Government Tort Laws 77

The Crime Report

FEBRUARY 2, 2022

For the tribes to receive the full amount from the companies, 95 percent of the litigating tribes must agree to settle, as well as at least 14 of the 17 non-litigating tribes of more than 5,000 members for the distributors’ deal. About 15 percent of funds will go toward attorneys’ fees.

Litigation 97

Litigation Litigating Tort Attorney 97

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

Litigation 97

Litigation Litigating Finance Tort 97

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

Personal Injury 98

Personal Injury Tort Law Firm Law Firms 98

Conflict of Laws

SEPTEMBER 4, 2024

The second post , Business and Human Rights Litigation and Private International Law, highlights findings shared by panellists on sustainability and private international law, and human-rights-related torts in the private international law of the European Union.

Government 59

Government Laws Tort Drafting 59

JonathanTurley

AUGUST 8, 2023

The college then prolonged the litigation, virtually forcing the family into insolvency. Oberlin President Carmen Twillie Ambar and the Board needlessly spent millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. A judge later reduced the award to $25 million.

Litigation 56

Litigation Litigating Punitive Damages Tort 56

ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S.,

Tort 52

Tort Litigation Litigating Depositions 52

SCOTUSBlog

OCTOBER 10, 2021

Of the several claims in the lawsuit, the one at issue is against Clark for an unreasonable seizure pursuant to legal process (analogous to the common law tort of malicious prosecution) under the Fourth Amendment. Because the tort claim required favorable termination, so must the parallel Section 1983 claim. Thompson’s arguments.

Tort 106

Tort Litigation Litigating Court 106

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 101

Statute Court Contract Tort 101

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. The Hawai‘i court, however, found Honolulu’s framing of its claims as traditional tort law claims to be “more accurate.” More recently, states and municipalities have asserted claims under consumer protection laws.).

Court 85

Court Tort Cause of Action Litigation 85

ClimateChange-ClimateLaw

JUNE 16, 2021

Over the last year Brazil has seen numerous innovative climate litigation claims filed that have questioned the country’s climate policies and general effects of activities on climate change. (I The Amazon rainforest, the country’s not-so-secret weapon to mitigate climate change, features prominently in the litigation. Climate Damage.

Tort 40

Tort Litigation Litigating Government 40

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

Tort 52

Tort Personal Injury Government Lawyer 52

Conflict of Laws

OCTOBER 29, 2021

Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] 1] In similar, the advancing principle of party autonomy [2] does not distinguish between corporations and other litigants on its operational level.

Government 40

Government Laws Contract Litigation 40

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

Court 115

Court Construction Litigation Litigating 115

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigation Litigating Finance 75

Day on Torts

OCTOBER 3, 2022

Although Tennessee had no case law on this issue, the Court noted that other states have interpreted their own similar laws to mean that “neighborhoods are often considered to constitute communities and implicate matters of ‘public interest’ or ‘public concern’ in the context of anti-SLAPP litigation.” . § 20-17-101 et seq., quoting Tenn.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 102

Contract Laws Statute Litigation 102

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigation 52

Litigation Litigating Tort Cause of Action 52

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. 24, 2016).

Litigating 40

Litigating Litigation Attorney Court 40

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. Most of us recognize the value of a higher standard to protect citizens in criticizing government officials. Malice is one thing that this briefly married couple seems to have an abundance of.

Litigating 47

Litigating Litigation Legal Legal 47

SCOTUSBlog

OCTOBER 13, 2021

Under Section 1983 , an individual who is accused of a crime and believes his constitutional rights were violated can sue government actors for civil damages. Favorable termination serves important values independent of other elements of the tort and thus should be retained. The prosecution dismissed the charges. Clark’s arguments.

Court 100

Court Tort Government Contract 100

Conflict of Laws

AUGUST 1, 2024

This research aims to shed light on the issues surrounding governance gaps and the various challenges and opportunities that arise from private international law, examining UK domestic law pertaining to food supply relationships, taking the EU level regulation into account, and providing potential examples of its implementation.

Law School 45

Law School Laws Diligence Tort 45

Conflict of Laws

NOVEMBER 3, 2022

Governments with no realistic prospect of paying their debts often gamble for redemption, trying desperately to avoid default. Instead, the Maduro government gambled. The story of the PDVSA 2020 bonds is a common one in government debt markets. A government borrows money in dodgy ways or at a time of financial distress.

Government 52

Government Drafting Contract Laws 52

Conflict of Laws

DECEMBER 12, 2020

2) Application of Law: Based on the interpretation of “the lex rei sitae at the time that the legal fact occurred” in Article 37 of the Private International Law Act, the Court held that Chinese law, rather than Dutch law, shall govern the ownership of the statue. [8]. The Jurisdiction of the Chinese Court: Prorogated Jurisdiction.

Laws 98

Laws Court Contract Legal 98

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

Conflict of Laws

MARCH 17, 2025

Since the question in this case is whether the plaintiff can claim the return of money lost on the basis of an illegal and therefore void contract, Rome I is applicable as it also governs claims arising from contracts that are ineffective or of doubtful validity. So far, German courts were hesitant to take this road. 826 BGB ).

Contract 45

Contract Family Law Laws Manufacturing 45

Conflict of Laws

FEBRUARY 10, 2023

The 1951 Geneva Refugee Convention, which requires that the personal status of refugees be governed by the law of domicile or residence, does not provide an answer to all difficulties. 1 Rome II Regulation, the law applicable to torts is the law of the state in which the damage occurred. Under art.

Technology 52

Technology Litigation Litigating Divorce 52

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. What does it mean to act reasonably in a changing climate?

Lawyer 129

Lawyer Lawyers Law Firm Law Firms 129

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. Defendants first argued that Mr. Mosby’s actions in this case qualified as an assault or battery, an intentional tort for which immunity would not be removed.

Tort 59

Tort Depositions Court Sports 59

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?” The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.

Laws 40

Laws Tort Drafting Litigation 40

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. The refusal to provide information per se is not a tort in the sense of Article 7 No.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JANUARY 12, 2021

It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. It is thought to be a significant jurisdictional obstacle in transboundary environmental disputes involving foreign land.

Laws 52

Laws Tort Contract Court 52