Patently O

MAY 25, 2021

He authors a series linking law school canonical cases with intellectual property counterparts. Montana Eighth Judicial Dist. Montana Eighth Judicial Dist. Editor’s Note: Avery Welker is a rising 2L at Mizzou and likely a future patent attorney. You can email ideas for future posts to avery@patentlyo.com. – Dennis Crouch.

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Law 360

SEPTEMBER 19, 2023

Virginia and 17 other states backed Montana in TikTok's free speech fight over a new Treasure State law that seeks to ban the Chinese-owned social media app in its borders, arguing that the law is a "garden variety consumer protection statute" and well within the states' police power.

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OilandGasLawyer

OCTOBER 2, 2020

In 2018 I commented on a case in the 9th Circuit court of Appeals, Murray v BEJ Minerals, LLC , holding that fossils of two “dueling dinosaurs”, a 22-foot-long theropod and a 28-foot-long ceratopsian, “engaged in mortal combat” when “entombed under a pile of sandstone,” were “minerals” under Montana law. Well, not so fast.

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Constitutional Law Reporter

AUGUST 28, 2023

Supreme Court upheld the constitutionality of state laws requiring corporations operating within their borders to consent to personal jurisdiction when they register to do business in those states. According to the Court, such laws do not offend the Constitution’s Due Process Clause. Norfolk Southern Railway Co. , of Philadelphia v.

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SCOTUSBlog

MARCH 2, 2022

Chief Justice John Roberts began with a series of hypotheticals about speeding tickets — e.g., could a driver going 70 MPH in a 55-MPH zone claim he knew the speed limit but be let off the hook because he thought it should be higher because he was driving on open roads in Montana?

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ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

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Construction Government Legal Legal 122

Constitutional Law Reporter

MAY 1, 2023

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Facts of the Case Larry Steven Wilkins and Jane Stanton own properties in rural Montana that border a road for which the United States has held an easement since 1962.

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Conflict of Laws

JUNE 28, 2023

This post is by Maggie Gardner, a professor of law at Cornell Law School. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction.

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Broadcast Law Blog

NOVEMBER 30, 2011

December 1 is also the deadline for noncommercial ownership reports to be filed by noncommercial radio stations in Alabama, Connecticut, Georgia, Massachusetts, Maine, New Hampshire, Rhode Island and Vermont , and noncommercial television stations in Colorado, Minnesota, Montana, North Dakota and South Dakota (see our Advisory here ).

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ClimateChange-ClimateLaw

SEPTEMBER 15, 2020

However, as explained below, siting decisions for pipelines and transmission lines are governed by different laws, and while both are subject to environmental review, their environmental impacts are not comparable. In contrast to the natural gas permitting scheme, no federal law provides a specific approval process for siting oil pipelines.

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Conflict of Laws

MAY 17, 2022

Hay : On the Road to a Third American Restatement of Conflicts Law. American private international law (Conflict of Laws, “Conflicts Law”) addresses procedure (jurisdiction of courts, recognition of judgments) as well as the choice of the applicable law. In Case C-490/20, V.M.A., In Case C-490/20, V.M.A.,

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Contract Legal Legal Court 40

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. A number of different parties had lined up on either side of the issue of whether EPA’s stay was lawful. and non-U.S.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

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Constitutional Law Reporter

DECEMBER 19, 2022

United States , which involves the scope of a key federal bribery law. United States : The case involves two Montana landowners who filed a quiet title action seeking to resolve a dispute over the scope of an easement held by the United States that runs across their land and the federal government’s duties under the easement.

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SCOTUSBlog

JUNE 2, 2022

The district court held that the federal Quiet Title Act’s 12-year statute of limitations is jurisdictional, concluded that a reasonable landowner would have known that the government had been permitting public use of the road since the 1970s, and dismissed the case. We have just one new relist this week. In Wilkins v. New Relist.

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SCOTUSBlog

OCTOBER 22, 2021

Struve, who was never charged with violating Iowa’s texting-while-driving law, was convicted for possessing a controlled substance. In his petition, Struve argues that the Iowa Supreme Court adopted a minority, and incorrect, position among states with similar laws. In another Fourth Amendment case, Tuggle v. Lamoureux v.

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Court Statute Laws Court Rules 106

SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. Gallardo v.

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Compensatory Damages Court Education Court Rules 135

JonathanTurley

OCTOBER 13, 2021

We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner. This includes the Montana case of Brice Harper, 24, gunned down Dan Fredenberg, 40, in his garage. Powell had a criminal record including domestic abuse.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

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. Conservation Law Foundation v. 1442, or the civil-rights removal statute, 28 U.S.C. Source: Khanrak ). By Margaret Barry and Korey Silverman-Roati.

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Court Government Compensatory Damages Litigation 72

SCOTUSBlog

APRIL 18, 2025

This week, we highlight petitions asking the court to consider, among other things, whether to overturn a ruling by the Montana Supreme Court that struck down a state law requiring minors under the age of 18 to get consent from their parents before obtaining an abortion. The parental-consent law never went into effect.

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The Crime Report

DECEMBER 15, 2022

Since then, organizers behind the ballot questions in some cities have clashed with their city and county leaders who are tasked with putting the new laws in place, as well as law enforcement. Those officials have said the effort violates state law and hinders police officers. A vote is a vote,” Alexandra Burt chimed in. “We

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Montana Federal Court Allowed Some Coal Mining Activity to Take Place While Federal Agency Completed Required NEPA Review. and non-U.S.

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SCOTUSBlog

APRIL 28, 2025

The Oklahoma law governing charter schools requires them to be non-religious in their programs, admissions policies, and other operations. Isidore is a public school and therefore required under the state charter-school law to be non-sectarian. The state supreme court granted that request. It concluded that St.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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JURIST

MAY 19, 2023

Five TikTok users filed a lawsuit in a federal Montana court on Wednesday to stop the state’s newly enacted TikTok ban from going into effect. The five TikTok users argue that the newly enacted law “attempts to exercise powers over national security that Montana does not have and to ban speech Montana may not suppress.”

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Small Business Government Statute Court Rules 118

SCOTUSBlog

JANUARY 14, 2022

In 2017, Congress passed a tax law that allowed taxpayers to deduct from federal income taxation only up to $10,000 of state and local taxes. Then-President Donald Trump described the 2017 law as an “incentive” for taxpayers “to say, hey, make sure that your politicians do a good job of running your state.” New York v. United States.

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Court Manufacturing Statute Laws 104

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

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. First Circuit Certified State Law Preemption Questions in Case Challenging Local Ordinance Prohibiting Crude Oil Loading at Harbor. and non-U.S. 19-50178 (5th Cir.

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Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

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. Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues. Portland, Oregon. and non-U.S.

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Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

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. Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. Wikimedia Commons. and non-U.S.

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ClimateChange-ClimateLaw

JUNE 8, 2021

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. First, the court found that Exxon failed to show that federal common law justified removal, even if it might provide a defense. and non-U.S.

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ClimateChange-ClimateLaw

MARCH 6, 2018

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. applied federal common law. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate at gmail dot com.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

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. The federal district court for the District of Montana dismissed a lawsuit that sought to compel the U.S. Cottonwood Environmental Law Center v.

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SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. citizen to receive a benefit under state law. And in the second case, Montana and Wyoming v.

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ClimateChange-ClimateLaw

JULY 2, 2021

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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

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ClimateChange-ClimateLaw

MARCH 9, 2021

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. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction. Sunset in Hawaii. and non-U.S.

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ClimateChange-ClimateLaw

MAY 7, 2021

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. Circuit majority opinion’s interpretation was foreclosed by the statute and violated separation of powers. By Margaret Barry and Korey Silverman-Koati. and non-U.S.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

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. By Margaret Barry and Korey Silverman-Roati. and non-U.S. climate litigation charts. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.

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