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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. Oklahoma Federal Court Allowed Landowner to Proceed with NEPA Challenge of Osage Nation Oil and Gas Leases. and non-U.S.

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Supreme Court’s narrow read of the Lanham Act: More questions than answers

SCOTUSBlog

that the Lanham Act, the federal trademark statute, reaches only conduct “where the claimed infringing use in commerce is domestic” and that confusion to consumers in the United States is not relevant to the analysis. Even though Abitron largely made sales in Europe, Hetronic sued on its home turf, the Western District of Oklahoma.

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Last up: Looks like Oklahoma will have to update its environmental impact statement for its blizzard of petitions seeking to overrule the Supreme Court’s decision in McGirt v.

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The long conference’s relists

SCOTUSBlog

Abbott involves a long-running series of multi-district litigation cases arising from du Pont’s government-permitted releases of chemicals from one of its plants; because the claims of harm from exposure were varied, the cases proceeded through multidistrict litigation rather than as part of a class action. relisted after the Sept.

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Whether “bump stocks” are “machineguns,” and a very specific arbitration issue

SCOTUSBlog

Circuit upheld the regulation, holding that “the disputed rule is consistent with the best interpretation of ‘machine gun’ under the governing statutes.” In Cargill , the en banc U.S. relisted after the Sept. 13 and Oct 27 conferences) Glossip v. rescheduled before the Mar. 28, and May 11 conferences; relisted after the Sept.

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Funding for Native healthcare programs, and the Armed Career Criminal Act returns

SCOTUSBlog

The court considered the statutes ambiguous, which meant that under normal principles of Indian Law, they must be construed in favor of the tribe. Court of Appeals for the 9th Circuit held , in a case involving Arizona’s San Carlos Apache Indian Tribe, that the payments must also include services covered by insurance. relisted after the Sept.

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Justices to consider international reach of U.S. trademark law

SCOTUSBlog

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. A jury in Oklahoma City awarded Hetronic more than $90 million. Therefore, a party claiming that a federal statute applies extraterritorially can have essentially two bites at the apple.