JURIST

MARCH 15, 2023

Circuit Judge Thomas Ambro authored the opinion of the court. The court ruled that Adelphia’s claim was precluded by issue preclusion under 28 U.S.C. This law requires federal courts to accord “full faith and credit” to issues decided by state courts.

Court Rules 104

Court Rules Court Construction Litigation 104

JURIST

AUGUST 14, 2023

A Montana state judge ruled Monday that a provision of state law is unconstitutional because it violates “the right to a clean and healthful environment,” a fundamental right enshrined in Montana’s Constitution. More rulings like this will certainly come.

Court Rules 197

Court Rules Court Law Firm Law Firms 197

JURIST

MARCH 8, 2021

The US Supreme Court ruled 8-1 Monday in Uzuegbunam v. During litigation, the college dropped the policy and argued that the students no longer had standing to continue the litigation. Further, according to the court, nominal damages by themselves can redress a past injury. Thomas dismissed this fear as excessive.

Court Rules 197

Court Rules Compensatory Damages Court Litigation 197

JURIST

DECEMBER 26, 2022

A two-judge bench of the Madras High Court ruled that the designation of a senior advocate is not an automatic right but a merit-based privilege. This alone, according to the court was sufficient reason to dismiss the petition. Even so, the court addressed the merits of the case with Justice M.

Court Rules 197

Court Rules Court Litigation Litigating 197

JURIST

MAY 24, 2022

The Office of Massachusetts Attorney General Maura Healey released a statement following the SJC’s decision affirming the rejection of ExxonMobil’s “ anti-SLAPP ” motion to dismiss by the Suffolk Superior Court. Exxon’s repeated attempts to stonewall our lawsuit have been baseless, and this effort was no different.

Court Rules 104

Court Rules Court Laws Attorney 104

The IP Law Blog

JUNE 30, 2023

A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here.

Litigation 52

Litigation Litigating Court Rules Laws 52

Above The Law

JANUARY 31, 2023

The next phase of the litigation will be them repeatedly saying, ’Cancer? The post Court Rules Johnson & Johnson Can’t Throw Out Civil Liability Because Of ’Good Intentions’ appeared first on Above the Law. How could we have given you cancer? Do you see how cute our mascot is?!’

Court Rules 107

Court Rules Court Litigation Litigating 107

SCOTUSBlog

MARCH 21, 2023

Share The Supreme Court on Tuesday revived a deaf student’s lawsuit against a Michigan school district that failed to provide him with a qualified sign-language interpreter. Court of Appeals for the 6th Circuit upheld that ruling, but on Tuesday the Supreme Court reversed.

Education 107

Education Court Rules Court Laws 107

JURIST

MAY 27, 2022

Former Prime Minister Stephen Harper wrote that the ruling “ devalues the lives of [Bissonnette’s] victims” and called the opinion a “grave injustice that calls for action from Parliament.”

Court Rules 291

Court Rules Court Constitutional Law Litigation 291

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.

Litigation 136

Litigation Litigating Court Government 136

JURIST

MARCH 24, 2022

Sotomayor wrote separately “to underscore the interaction between prison officials’ obligations to set such rules and the exhaustion requirement of the Prison Litigation Reform Act. This Court now affords yet another chance for him to delay his execution. Castro bled to death in a parking lot.

Court Rules 197

Court Rules Court Litigation Litigating 197

SCOTUSBlog

MARCH 19, 2024

Gorsuch pushed back against the government’s suggestion that the decision by the court of appeals erroneously required it to “admit it lacked any lawful basis for including Mr. Fikre on the No Fly List in the first place” – an issue that goes to the merits of the case, rather than whether the case is moot, the government insisted.

Court Rules 114

Court Rules Court Government Litigation 114

JURIST

JANUARY 10, 2023

The court agreed with the petitioner’s arguments. Article 28 requires all laws to define the behavior which would constitute an offense. The court rejected this idea. In their decision, the court ruled the wording violated article 28 in its failure to provide notice.

Laws 274

Laws Court Government Court Rules 274

ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

The decision, formally communicated to the parties on July 27, marks a pivotal moment in climate litigation. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation. For all climate laws related to Spain, see here. Greenpeace v. Spain II emerges.

Litigation 137

Litigation Litigating Government Drafting 137

SCOTUSBlog

JUNE 22, 2023

Justice Neil Gorsuch dissented, his third extensive writing in the last two weeks on Indian law matters. Gorsuch would have framed the issue before the court as a matter of applying the canons of construing Indian treaties. The post Supreme Court rules 5-4 against Navajo Nation in water rights dispute appeared first on SCOTUSblog.

Court Rules 145

Court Rules Court Government Litigation 145

SCOTUSBlog

MAY 31, 2023

Share The Supreme Court on Thursday gave a Maryland prison official another chance to defend himself against a federal civil rights claim. Last week’s unanimous ruling in Dupree v. This article was originally published at Howe on the Court. On Thursday the justices reached a different conclusion.

Court Rules 94

Court Rules Court Litigation Litigating 94

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. In June 2022, the Prague Municipal Court ruled in Klimatická žaloba ČR v. By Maria Antonia Tigre. Photo by Matt Palmer on Unsplash.

Litigation 126

Litigation Litigating Government Court 126

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

Litigation 142

Litigation Litigating Construction Tort 142

JURIST

APRIL 22, 2022

Justice Brett Kavanaugh said: “[T]he fact that a North Dakota Law Firm, Boechler, P.C., Justice Barrett delivered the unanimous opinion of the court. The court explained that there are many “non jurisdictional rules” that “promote the orderly progress of litigation but do not bear on a court’s power.”

Court Rules 104

Court Rules Court Statute Law Firm 104

SCOTUSBlog

MAY 23, 2022

When she came to believe that some of Sundance’s pay practices violated federal wage-and-hour law, she filed a class action lawsuit against the company. When a plaintiff who is subject to an arbitration agreement files a lawsuit in court, the defendant usually seeks to move the case to arbitration without delay. Sundance, Inc.

Court Rules 115

Court Rules Court Litigation Litigating 115

Law 360

DECEMBER 19, 2023

An Illinois appellate court ruled Tuesday that two insurers are not responsible for part of a $19 million settlement in underlying biometric privacy litigation based on a broad violation-of-law policy exclusion, saying the Seventh Circuit's recent analysis of nearly identical language is not "an accurate reflection of Illinois law."

Court Rules 98

Court Rules Litigation Litigating Laws 98

Law 360

APRIL 25, 2024

Supreme Court ruled that harm didn't have to be significant to be considered discriminatory under Title VII of the Civil Rights Act, making five common employer actions vulnerable to litigation, say Kellee Kruse and Briana Scholar at The Employment Law Group. Last week in Muldrow v. Louis, the U.S.

Court Rules 52

Court Rules Litigation Litigating Court 52

SCOTUSBlog

APRIL 20, 2023

Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets.

Court Rules 83

Court Rules Court Statute Litigation 83

JURIST

JANUARY 29, 2024

The Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region, which allows for specific court rulings from mainland China to be enforced in Hong Kong, officially came into operation on Monday.

Family Law 211

Family Law Law Firm Law Firms Court Rules 211

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.

Litigation 96

Litigation Litigating Government Legal 96

Conflict of Laws

MARCH 12, 2024

It also poses very interesting questions of private international law, as in particular the collective actions for damages against tech giants are usually international cases. 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.

Litigation 52

Litigation Litigating Court Finance 52

SCOTUSBlog

JANUARY 20, 2022

Share The Supreme Court on Thursday afternoon rejected abortion providers’ request to order a federal appeals court to send their challenge to a Texas law banning almost all abortions in the state promptly back to the friendlier confines of a federal district court in that state. The law at the center of the case, S.B.

Litigation 123

Litigation Litigating Court Laws 123

The Crime Report

MARCH 3, 2022

Predicated on myths of “lawless and violent prisoners,” prison law is behind many of the failures of the criminal justice system, argue Justin Driver and Emma Kaufman in “The Incoherence of Prison Law.”. Writing in the Harvard Law Review , Driver, Robert R. Slaughter Professor of Law at Yale Law School.,

Laws 105

Laws Court Rules Law School Legal 105

Day on Torts

MAY 8, 2024

A finding of trespass requires a court to award nominal damages under Tennessee law. 12, 2024) (memorandum opinion), the Court of Appeals overturned a trial court’s refusal to award damages after a trespass finding. The trial court ruled that appellee trespassed but refused to award damages due to his “good faith.”

Court Rules 52

Court Rules Litigation Litigating Court 52

JURIST

MARCH 20, 2024

Later, the police charged Gonzalez with violating a state law prohibiting impairing or removing government records. Much of Wednesday’s oral arguments focused on the Supreme Court case Nieves v. The court concluded that “the presence of probable cause should generally defeat a First Amendment retaliatory arrest claim.”

Court 222

Court Government Attorney Court Rules 222

NCBA Law Practice Management Blog

MARCH 22, 2024

Most attorneys should probably be ruled by their calendars, with law practices running on deadlines. That’s especially true for litigation firms, which take direction from court rules and judges about when and how things get done.

Calendaring 147

Calendaring Lawyer Lawyers Drafting 147

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.

Litigation 78

Litigation Litigating Government Court 78

JURIST

DECEMBER 17, 2022

The Ohio Court of Appeals for the First District Friday rejected the state of Ohio’s request to remove an injunction against its anti-abortion law. The court rejected the claim on jurisdictional grounds. The results of the litigation, in both Ohio and in other states, remains to be seen.

Court 197

Court Court Rules Litigation Litigating 197

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. in the 2015 ruling). Introduction.

Litigation 52

Litigation Litigating Laws Court 52

Constitutional Law Reporter

FEBRUARY 23, 2021

According to the Court, a country’s alleged taking of property from its own nationals does not fall under Foreign Sovereign Immunities Act’s expropriation exception, which applies to “property taken in violation of international law.”. District Court against Germany and SPK (collectively Germany). Supreme Court’s Decision.

Court Rules 89

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.

Court 197

Court Litigation Litigating Court Rules 197

JURIST

JUNE 29, 2022

Iowa Governor Kim Reynolds Tuesday announced her administration would seek to reinstate a 2018 state law prohibiting abortion after six weeks, when embryonic cardiac activity is detected. The law was blocked by a state judge back in 2019 for violating the Iowa Constitution, but Reynolds’ administration is hoping that the recent Dobbs v.

Court Rules 104

Court Rules Litigation Litigating Court 104