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Supreme Court limits homeowners’ ability to sue their lenders in tort

At the Lectern

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. .”

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High Court Refuses to Hear Abu Ghraib Defense Contractor’s Torture Appeal

The Crime Report

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances.

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Traffic accident involving Florida girl leads to Medicaid-reimbursement dispute

SCOTUSBlog

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The federal government (which administers the Medicaid program) strongly supports that position.

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Second chance to evaluate ban on encouraging unlawful immigration

SCOTUSBlog

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

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Tort Litigation against Transnational Companies in England

Conflict of Laws

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

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Justices debate test for attorney-client privilege when lawyer’s advice has multiple purposes

SCOTUSBlog

Levin’s reply seemed to be that a court decision endorsing the primary-purpose test would make it “broke” because it would create the very problem that the court granted review to resolve. “If It was the word “primary” and a different kind of proportionality that created a challenge for the government.

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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.