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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

ClimateChange-ClimateLaw

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. The Hawai‘i Circuit Court’s decision.

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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v.

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Border agents, the First Amendment, and the continued vitality of Bivens

SCOTUSBlog

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts.

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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

SCOTUSBlog

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980.

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Opioid maker Purdue’s bankruptcy case comes before Supreme Court

SCOTUSBlog

Share The Supreme Court will hear oral arguments on Monday in one of the highest-profile bankruptcies in recent memory: Harrington v. Court of Appeals for the 2nd Circuit of a multi-billion-dollar bankruptcy plan for Purdue Pharma, the maker of the opioid OxyContin. First, the court of appeals explained, 11 U.S.C. § And in Sept.

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