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

SCOTUSBlog

Four of them – the 2nd, 5th, 6th, and District of Columbia Circuits – have answered in the affirmative. In support of this argument, the museum points to both the text of the statute and the circumstances of its enactment: Congress removed foreign states from ordinary diversity jurisdiction under 28 U.S.C. Does Klaxon apply?

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The federal district court for the District of Columbia ruled that the U.S. The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute. FEATURED CASE. Bernhardt , No. 4:16-cv-00615 (N.D.

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Divergent views on text and history as justices ponder war powers and sovereign immunity

SCOTUSBlog

Kavanaugh said it would be “bizarre” to allow suits against states under the Family and Medical Leave Act and Title VII of the Civil Rights Act, among others, but not under statutes enacted pursuant to Congress’ war powers, “where the national interest is at its apex as compared to those other areas.” It is likely that, as in Alden 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. District of Columbia v. Exxon Mobil Corp. , 1:20-cv-01932 (D.D.C.): Delaware v.

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January 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

On December 22, 2020, the federal district court for the District of Columbia issued an order pursuant to the All Writs Act temporarily enjoining any ground-disturbing work undertaken pursuant to the anticipated approval by the U.S. 1442, or the civil-rights removal statute, 28 U.S.C.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. In the Supreme Court, the fisheries are represented by former U.S.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Exxon Mobil Corp. , 1:21-cv-04807 (S.D.N.Y.).