At the Lectern
JULY 6, 2023
Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.
Constitutional Law Reporter
JUNE 1, 2023
According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C. 1983 procedural due process claim begins to run at the end of the state-court litigation.
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ClimateChange-ClimateLaw
MAY 9, 2024
Still, there is much more to discuss regarding its broader implications for climate litigation. This blog post discusses the relevance of the KlimaSeniorinnen case to the discussion of vulnerability and intersectional gender in climate litigation. Gender remains an overlooked issue in climate litigation.
ClimateChange-ClimateLaw
FEBRUARY 12, 2024
Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. 1] See Common Law Claims, Sabin Center Climate Change Litigation Database (accessed Feb.
Conflict of Laws
JUNE 28, 2023
It is cross-posted at Transnational Litigation Blog. But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. He tends to be more skeptical of litigation and court access policies, and he notably did not join Gorsuch’s concurrence in Ford.
LexForti
NOVEMBER 5, 2021
However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint.
At the Lectern
JULY 28, 2022
A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.” Inevitable discovery.
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