SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle.

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JURIST

JANUARY 23, 2023

The Canadian government Saturday announced a $2.8 billion settlement to conclude a 325-member class litigation launched by Indigenous Canadians affected by the country’s condemned residential school program, which sent 150,000 children into 139 residential schools from the late 1800s to the 1990s.

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JURIST

MARCH 24, 2022

a case concerning federal district courts’ authority to apply a particular statute to private commercial arbitral tribunals. ZF argued that it was limited adjudicative bodies that were created by the government and that exercised authority conferred by the government. Luxshare, Ltd. , In August 2017, Luxshare, Ltd.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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JURIST

NOVEMBER 17, 2023

While the case appeared before the court on a First Amendment challenge, the justices argued the central issue actually dealt with “the general question of whether a district court may enjoin a government from enforcing a law against non-parties to the litigation.” ” The case at issue , Griffen v.

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Conflict of Laws

NOVEMBER 13, 2023

The statute is available here. The ULCC has now released a revised version of another model statute, the Enforcement of Canadian Judgments Act (ECJA). The original version of this statute was prepared in 1998 and had been amended four times. The statute allows for the registration of a Canadian judgment (a defined term: s 1).

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SCOTUSBlog

JANUARY 24, 2025

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.

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JURIST

NOVEMBER 8, 2021

This doctrine allows the government to potentially dismiss litigation that would require disclosure of information damaging to national security. The statute requires that district courts ask the Register of Copyrights to assess whether the copyright would have been granted if the Register was aware the information was inaccurate.

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SCOTUSBlog

JANUARY 10, 2022

government deported him to Mexico. The government reinstated his prior removal order. An intricate statutory scheme defines the government’s power to detain noncitizens and on what terms. The Supreme Court previously held that the post-removal statute contains an implicit time limit. After one such entry, the U.S.

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FDA Law Blog

OCTOBER 1, 2024

Karst — If you monitor Regulations.gov dockets and litigation dockets on PACER like we do, then you know that one company name—more than any other over the past several years—pops up: Vanda Pharmaceuticals, Inc. Court of Federal Claims allowed Vanda’s Fifth Amendment takings claim to move forward in litigation. 1:2022cv00938 (D.D.C.)

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SCOTUSBlog

JANUARY 18, 2021

The oil companies contended that Baltimore was seeking to hold them liable for their exploration for and production of fossil fuels at the direction of federal officials – for example, when they produced fossil fuels offshore under leases with the government that gave the government significant control over some parts of the companies’ operations.

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Conflict of Laws

MAY 9, 2025

Consequently, it is not about determining which aspects of Mexicos allegations would survive during the litigation (and some are controversial), as indicated by one of the counsels, but whether they pass this legal hurdle. Section 2 (and other state statutes in the complaint). No judgment has yet been rendered. Findings; purposes; ?7902.

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. ” This argument misunderstands the way in which statutes of limitations generally work. 663 (2014).

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Attorney at Work

JULY 22, 2021

Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state. That amount of help for a small firm dealing with massive litigation is so important.

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ClimateChange-ClimateLaw

AUGUST 31, 2021

United States case, plaintiffs sought an order directing the federal government to slash the nation’s greenhouse gas emissions. Commonwealth , which used the state constitution’s Environmental Rights Amendment to invalidate a state statute that had prevented municipalities from barring hydraulic fracturing. Not so in the United States.

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SCOTUSBlog

DECEMBER 7, 2021

First, the applicant must meet precise eligibility requirements under the statute. That statute is known as the jurisdictional bar. Justice Sonia Sotomayor’s likely support for the statutory argument advanced by Patel and the government could be found in her expressed concern about Meehan’s reading of the jurisdictional bar.

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SCOTUSBlog

JUNE 22, 2023

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. United States , in which the court named the federal government a “fiduciary” of reservation resources.

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Court Rules Court Government Litigating 144

JURIST

DECEMBER 6, 2021

The forgiveness clause was designed by Congress to create a pathway for adjusting the status of those who entered the US without “inspection” if they could show they filed a visa petition or labor certification with the government on or before April 30, 2001, were physically present in the US and would pay a fine of $1,000.

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JURIST

JUNE 18, 2023

The US Supreme Court ruled 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. quoting §3730(c)(3).

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SCOTUSBlog

DECEMBER 3, 2021

Patel and the federal government agree that the case involves a non-discretionary determination regarding Patel’s eligibility for adjustment of status. The government notes that the very heading of this statutory section, “Denials of discretionary determinations,” provides a cue as to what Congress intended. Finally, citing to INS v.

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SCOTUSBlog

APRIL 30, 2021

In an additional wrinkle, the federal government was originally aligned with the refineries’ view, but following the change in presidential administration, it switched its position before the court. The function and context of the statute also featured strongly in the arguments.

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JURIST

JANUARY 3, 2024

The law creates a misdemeanor offense for violation of the statute and a felony crime for multiple offenses. It avers that the law “unconstitutionally intrudes on the federal government’s exclusive authority to regulate the entry and removal of noncitizens and therefore is field preempted.”

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SCOTUSBlog

APRIL 20, 2023

Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. The justices and the litigants devoted substantial time discussing when a party’s decision to adopt an objectively reasonable, but incorrect, interpretation would satisfy the FCA’s knowledge requirement.

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ClimateChange-ClimateLaw

APRIL 14, 2025

These discussions have frequently centered on one key element of corporate governance: fiduciary duties. Writing in 2002, Professor Perry Wallace argued that both the physical threats of climate change and the legal and economic impacts of societys response to those threats will inevitably implicate the heart of corporate governance.

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SCOTUSBlog

JUNE 14, 2022

Share On Monday, the Supreme Court sided with the government in a pair of cases brought by noncitizens who are under deportation orders and were in lengthy detention, rejecting lower courts’ rights-protective interpretation of the relevant detention statute and blocking an important avenue for injunctive relief in immigration detention cases.

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SCOTUSBlog

NOVEMBER 8, 2022

The two cases involve substantively identical statutes that govern challenges to final orders issued by the FTC and the SEC. In each case, the statutes provide that the sole method for challenging those orders is a petition for review in the court of appeals. Those are the two statutes we have. Again, what am I missing?

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The Crime Report

FEBRUARY 7, 2022

As high-profile police killings persist, many victims have turned to private litigation as a path to justice. While Section 1983 was integral to early civil rights litigation, in the context of police misconduct the statute reinforces the understanding of “individual perpetrators causing individual harm.”.

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SCOTUSBlog

APRIL 25, 2025

Hain moved the case to federal court, asserting that the Palmquists had fraudulently included Whole Foods in the case to defeat diversity jurisdiction under a Texas statute protecting innocent sellers from liability. The district court agreed and dismissed Whole Foods with prejudice. And, they insist, theres no meaningful circuit split.

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SCOTUSBlog

NOVEMBER 7, 2021

Fazaga , is the second case this term in which the justices will consider the state-secrets privilege, a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security. The case, Federal Bureau of Investigation v. The first case, United States v.

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Conflict of Laws

APRIL 16, 2025

In particular, the question of the governing law is the subject of fierce disagreement: Whether the lex fori, the lex causae or an autonomous approach governs characterisation is hotly debated. Such discussions suggest that a decision on the governing law is important when lawyers decide questions of characterisation.

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SCOTUSBlog

NOVEMBER 28, 2022

Generally speaking, that line of cases has limited the circumstances in which statutes that impose timing requirements on federal causes of action are regarded as jurisdictional – which means that they automatically and categorically keep a case out of court. The trend appears largely, if not entirely, in cases against the United States.

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SCOTUSBlog

FEBRUARY 26, 2024

Through the years, the Supreme Court has faced many cases in which state statutes have limited the activities of national banks, and it has held that the National Bank Act preempted many, though certainly not all, of those local enactments. Tuesday’s Cantero v.

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SCOTUSBlog

JANUARY 10, 2023

That provision operates much like FOIA (the federal Freedom of Information Act) by obligating the government on request to grant access to many if not most categories of public documents. The dispute in question involves a provision in Puerto Rico’s constitution that guarantees access to public information.

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SCOTUSBlog

FEBRUARY 23, 2022

Texas was another instance of a common jurisprudential problem for the justices: how should a modern court, largely devoted to textualism in its statutory interpretation, deal with cases about Native American tribes, which traditionally have depended on historical and contextual understandings only weakly linked to the text of the statute.

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SCOTUSBlog

JUNE 28, 2024

Reading from the bench on Thursday, Sotomayor called the majority’s decision “a devastating blow to the manner in which our government functions.” For Sotomayor, cases where the government itself is the claimant were the easy cases, the very definition of public rights.

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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. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

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SCOTUSBlog

APRIL 23, 2021

Sotomayor’s opinion starts by noting that “[a]dministrative review schemes commonly require parties to give the agency an opportunity to address an issue before seeking judicial review of that question,” and emphasizes that those requirements “[t]ypically … are creatures of statute or regulation.”

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