SCOTUSBlog
MARCH 11, 2022
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the statute of limitations in the Quiet Title Act is a jurisdictional rule or a claims-processing rule and whether the government can prosecute wire fraud under a “right to control” theory of property. In Wilkins v. In the U.S.
Conflict of Laws
JUNE 28, 2023
Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.
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Constitutional Law Reporter
DECEMBER 19, 2022
Court of Appeals for the 2nd Circuit’s “right to control” theory of fraud — which treats the deprivation of complete and accurate information bearing on a person’s economic decision as a species of property fraud — states a valid basis for liability under the federal wire fraud statute.”. United States v.
Conflict of Laws
MAY 17, 2022
Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. an assignee as a third party is bound by a jurisdiction clause agreed by the original contracting parties. Bandemer (2021).
ClimateChange-ClimateLaw
JULY 6, 2017
The court said the statutory language authorized courts to grant stays and that EPA’s reading of the statute “would have the perverse result of empowering this court to act when the agency denies a stay but not when it chooses to grant one.” Environmental Groups Filed NEPA Challenge of Montana Coal Mine Expansion.
ClimateChange-ClimateLaw
OCTOBER 20, 2020
1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
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. Bernhardt , No. 4:18-cv-05712 (N.D. Washington , No. 22O152 (U.S.
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