Cause of Action Court Rules Government Litigating 
JURIST
APRIL 12, 2024
The Supreme Court of Canada found Friday that the government acted dishonestly when it reneged on an 1877 treaty to an Alberta indigenous community and allowed for declaratory relief. Canada amended its constitution in 1982 and, in doing so, created a new cause of action for bringing treaty disputes.
Patently O
MARCH 18, 2024
by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. In contrast, § 256 provides a separate cause of action to correct the named inventors on a patent, which is not subject to the same congressionally-enacted statute of limitations.
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SCOTUSBlog
NOVEMBER 28, 2022
United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. The trend appears largely, if not entirely, in cases against the United States.
Conflict of Laws
MAY 18, 2023
The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.
ClimateChange-ClimateLaw
FEBRUARY 23, 2022
Fossil fuel company defendants want the cases heard in federal court, where they can argue that the cases should be quickly dismissed on the grounds that federal common law climate claims are displaced by the Clean Air Act. The court distinguished the Second Circuit’s decision in City of New York v. Chevron Corp.
JonathanTurley
OCTOBER 30, 2023
The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She blamed the kid as “old enough to … follow the rules.”
SCOTUSBlog
MAY 15, 2023
Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.
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