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Sovereign immunity, legislative censure and another habeas question

SCOTUSBlog

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. The last case is Alaska v.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Second Lawsuit Filed to Challenge 211-Mile Mining Access Road in Alaska. Padgett , No.

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

After Denying Motions to Stop Construction Activities in National Petroleum Reserve, Alaska Federal Court Enjoined Certain Work for Two Weeks. Alaska Feb. The magistrate judge concluded that the suit was barred by the statute of limitations. Alaska Jan. Sovereign Iñupiat for a Living Arctic v. WildEarth Guardians v.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 10, 2021).

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April 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. Alaska Mar. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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November 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court also dismissed defamation and related state tort claims. The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. Alaska , No. 3AN-17-__ (Alaska Super.

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February 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The defendants filed their reply brief on January 22, 2020, reiterating their arguments that the Tenth Circuit should review the entire remand order, not just the district court’s determination that removal was not proper under the federal-officer removal statute, and that there were multiple valid grounds for removal. City of Oakland v.