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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

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Citing Massachusetts v. Chevron Corp.

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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

Yet it significantly advances climate litigation in Brazil, with important consequences for future cases. This is the first time that a court has drawn the differences between environmental and climate litigation. However, providing greater specificity to climate claims could be a ‘ watershed ’ to some climate litigation cases.

Legal 78
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Fashion Law in 2021: 12 of the Year’s Noteworthy Lawsuits

The Fashion Law

This year, the filing of a number of fashion and broader retail industry lawsuits and developments in previously-filed ones stood out in the crowded landscape of litigation in many cases because they indicate larger trends within the fashion space. According to the declaratory judgment action that it filed with the U.S.

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Supreme Court will decide government immunity issue

At the Lectern

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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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

1500 Massachusetts Avenue. The Massachusetts case of Smith v. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers. Tauton High School District.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

The actions of third parties often cut off liability as a matter of proximate causation, though courts have held that you can be liable for creating circumstances where crimes or intentional torts are foreseeable. 1500 Massachusetts Avenue. The trial court granted the motion and dismissed the actions against the manufacturers.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. By Margaret Barry and Korey Silverman-Roati.