JURIST

FEBRUARY 14, 2024

Federal Court Justice Henry Brown further wrote that the failure to fill judicial vacancies denies Canadians access to justice without delay, a constitutionally enshrined right. The Federal Court found that delays in filling judicial vacancies cause delays in prosecuting and resolving cases.

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SCOTUSBlog

JUNE 22, 2023

Share Under a historic water crisis in the desert southwest, the Navajo Nation asked for a court order requiring the federal government to determine the Nation’s water needs and to devise a plan to meet those needs. Gorsuch would have framed the issue before the court as a matter of applying the canons of construing Indian treaties.

Court Rules 144

Court Rules Court Government Litigation 144

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

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Government Court Litigation Litigating 107

ClimateChange-ClimateLaw

APRIL 9, 2024

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.

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Litigation Litigating Court Government 136

ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. In this case, environmental and human rights organizations, including Greenpeace and Oxfam (“the plaintiffs”), had taken legal action against the Government of Spain, alleging inadequate action on climate change. Greenpeace v.

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JURIST

MARCH 15, 2022

The Australian Federal Court Tuesday overturned a ruling that found that Australia’s environment ministry has a duty to protect young people from the effects of climate change when considering fossil fuel projects. That previous ruling, decided in May of 2021, resulted from a lawsuit filed by eight school students and a nun.

Court Rules 118

Court Rules Court Litigation Litigating 118

SCOTUSBlog

MAY 16, 2023

Share In an opinion released on Thursday, the Supreme Court ruled that noncitizens subject to deportation do not have to ask the Board of Immigration Appeals to reconsider its allegedly erroneous decisions before seeking judicial review in the federal courts of appeals. The case, Santos-Zacaria v.

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Court Rules Court Immigration Litigation 102

ClimateChange-ClimateLaw

DECEMBER 22, 2022

As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. Courts in the Czech Republic and the United Kingdom have provided oversight of government climate mitigation actions. By Maria Antonia Tigre.

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Litigation Litigating Government Court 126

JURIST

JUNE 16, 2023

” The Competition Appellate Tribunal (COMPAT), in the first round of litigation, remanded the matter for a new judgement, reducing the penalty on CIL from the initial amount of 1733.05 The court dismissed CIL’s argument that the act exempted them from the Competition Act’s application. crore to 591.01 We say no more.

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Court Rules Court Government Litigation 80

JURIST

MARCH 20, 2024

The US Supreme Court heard oral arguments Wednesday on the case Gonzalez v. Trevino , which concerns the arrest of a Castle Hills, Texas councilwoman who argues that she was arrested in retaliation for her critical speech about the city’s government. In 2019, Sylvia Gonzalez was elected to the Castle Hills city council.

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JURIST

JANUARY 10, 2023

The court rejected this idea. In their decision, the court ruled the wording violated article 28 in its failure to provide notice. Karamagi stated the government used the act to “selectively prosecute” persons with views considered unfavorable to those in positions of power.

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Laws Court Government Court Rules 274

JURIST

MARCH 20, 2024

The US Supreme Court ruled Tuesday that Yonas Fikre’s challenge to his previous placement on the No Fly List can proceed, rejecting the government’s claim that his removal from the list rendered the lawsuit void.

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ClimateChange-ClimateLaw

APRIL 8, 2022

The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about? In Neubauer, et al. In Neubauer, et al.

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Litigation Litigating Government Legal 96

Law 360

FEBRUARY 9, 2024

Supreme Court ruling that the Fair Credit Reporting Act waives federal agencies' immunity from lawsuits will not only open the door to more litigation against government lenders but may also trigger housecleaning to ensure that debts are correctly reported, experts told Law360.

Court Rules 52

Court Rules Litigation Litigating Government 52

SCOTUSBlog

MARCH 3, 2022

Share The Supreme Court ruled on Thursday that information about the federal government’s post-9/11 torture program at CIA “black sites” is protected by the “state secrets privilege,” a doctrine that allows the government to withhold information in litigation when disclosing it would compromise national security.

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Government Depose Court Court Rules 123

ClimateChange-ClimateLaw

DECEMBER 23, 2021

A look back at significant decisions in climate litigation in 2021. 2021 was a significant year for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. A first decision in climate litigation against private actors. By Maria Antonia Tigre.

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Litigation Litigating Government Court 78

JURIST

APRIL 6, 2023

The survivors and families of the victims joined in a lawsuit against the US government, alleging negligence under the Brady Handgun Violence Prevention Act due to the government’s failure to prevent Kelley from purchasing a firearm despite his prior felony convictions.

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JURIST

DECEMBER 17, 2021

The Supreme Court of Canada announced Thursday they would hear the appeal of a lower court ruling that re-implemented Canada’s Safe Third Country Agreement (STCA) with the United States. The STCA was signed between the US and Canadian governments in 2002. The Supreme Court’s hearing has not yet been scheduled.

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Constitutional Law Reporter

FEBRUARY 23, 2021

The heirs allege that when the Nazi government rose to power, it unlawfully coerced the consortium into selling the collection to Prussia for a third of its value. 108, 115 (2013), Roberts emphasized that the Court has long recognized that “United States law governs domestically but does not rule the world.”

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Court Rules Court Government Laws 89

JURIST

DECEMBER 16, 2021

The Court of Cassation, France’s highest court, ruled Wednesday to resolve procedural issues in favor of six nonprofit groups in their case against oil giant Total Uganda. In October 2020, the Versailles Court of Appeal affirmed. The CSOs appealed to the Court of Cassation.

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Court Litigation Litigating Court Rules 197

ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R Eva Balounová *. Introduction.

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Conflict of Laws

MARCH 12, 2024

In an earlier blogpost we reported that the Amsterdam District Court ruled that it had international jurisdiction under the Brussels I-bis Regulation and the GDPR. Although the court did not provide extensive elaboration, it agreed with this view.

Litigation 52

Litigation Litigating Court Finance 52

JURIST

SEPTEMBER 17, 2021

Wikimedia challenged the government’s use of Upstream in 2015, as it stored and reviewed some communications from the organization. The US Court of Appeals for the Fourth Circuit allowed the lawsuit to proceed against the NSA in 2017. The appeals court ruled Wednesday that the lawsuit must be dismissed.

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Court Government Court Rules Litigation 169

ClimateChange-ClimateLaw

OCTOBER 12, 2021

The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). Recent Developments on rights-based climate litigation.

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Litigation Litigating Government Court 89

SCOTUSBlog

JUNE 4, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether the 2nd Circuit’s decision in December granting the state an early-stage victory in the litigation ran afoul of the Second Amendment. Agreeing with the challengers, the lower courts put different parts of the law on hold. Sunoco LP v.

Laws 136

Laws Court Litigation Litigating 136

JURIST

JUNE 17, 2021

Finally, in its December 2020 judgment , the Norwegian Supreme Court ruled that the drilling decision did not violate the “right to a healthy environment” as provided by Article 112, and the applicants’ appeal was denied. In May, a Hague court ordered Royal Dutch Shell to cut its carbon emissions 45 percent by 2030.

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Court Government Court Rules Litigation 197

SCOTUSBlog

JUNE 21, 2021

Share The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. The court ruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and confirmed by the Senate. Arthrex, Inc.

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Litigation Litigating Court Rules Court 106

SCOTUSBlog

JANUARY 12, 2021

When Waggoner responded that victims of government misconduct might not be able to show any damages other than nominal damages, Gorsuch posited that such plaintiffs might be able to recover their bus fare, or compensation for the time that it took them to walk to the site where they were injured.

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SCOTUSBlog

OCTOBER 10, 2022

The question before the court is a procedural one, focusing on the deadline for Reed to file a federal civil rights claim challenging the constitutionality of the Texas law governing DNA testing. In 2009, the Supreme Court ruled in District Attorney’s Office v.

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Human rights litigation and Rome II.

Litigation 52

Litigation Litigating Laws Court 52

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Construction Government Legal Legal 114

The Crime Report

JULY 6, 2022

Littman argues that Congress already indicated partial support for applying regulatory standards to prison governance. In 1996, Congress enacted the Prison Litigation Reform Act (PLRA) to counter an influx of prisoner litigation cases in federal courts. The PLRA limited the courts’ discretion in these cases.

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Constitutional Law Litigation Litigating Laws 105

SCOTUSBlog

MARCH 24, 2022

Share The Supreme Court ruled on Thursday that a man on death row in Texas can have his pastor touch him and pray out loud while he is being executed. And the litigation in Ramirez’s case, Thomas noted, had led to delays in four other executions in Texas because of uncertainty about the state’s death penalty protocols.

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ClimateChange-ClimateLaw

SEPTEMBER 21, 2022

It requires the UK Government to set, and meet, legally binding targets to reduce carbon emissions. Through affirming the CCA’s enforceability, the court case ensures that the UK Government is held accountable to its climate commitments. Prior to the case, the Government had not done any equality impact assessment of the HBS.

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Legal Legal Government Litigation 85

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 126

SCOTUSBlog

SEPTEMBER 29, 2023

City of Tigard , the Supreme Court outlined a two-part test for courts to use to determine whether state or local governments violate the Constitution’s ban on uncompensated takings by conditioning the grant of a development permit on the developer’s agreement to set aside land, pay money, or provide materials or services.

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Calendaring Court Statute Court Rules 113

SCOTUSBlog

APRIL 29, 2024

The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. The companies came to the Supreme Court last fall, asking the justices to take up the case and weigh in. In Bufkin v. The Veterans Benefits Act directs the U.S. The justices granted two other petitions for review on Monday: Bouarfa v.

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Personal Injury Court Immigration Statute 96