SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Court Tort Litigation Litigating 112

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Yes, the statute really does have a full cite to the opinion in it. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act.

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Laws Court Personal Injury Tort 82

SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

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Compensatory Damages Government Court Cause of Action 85

ClimateChange-ClimateLaw

MAY 23, 2018

Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. One set of California cases – filed by San Mateo County, Marin County and Imperial City – was removed by defendants to federal court, then remanded to state court, based on Judge Vince C. BP P.L.C. ,

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Litigation Litigating Tort Cause of Action 52

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry.

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Court Statute Litigation Litigating 115

JonathanTurley

JANUARY 18, 2021

The problem is that this can be defended as an opinion and thus protected under constitutional and tort cases. Defamation has a short statute of limitations of one or two years. If you sue, you toll the statute of limitations even if a court puts the case on a delayed schedule. Keep digging, use forensic geniuses!”.

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Lawyer Lawyers Statute Tort 33

SCOTUSBlog

JUNE 28, 2021

Share The Supreme Court said Monday it will not take up a dispute over whether transgender students must be allowed to use restrooms that match their gender identities. Court of Appeals for the 4th Circuit had relied in ordering the school board to allow Grimm to use the boys’ restroom. citizen to receive a benefit under state law.

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Immigration Court Government Education 96

JonathanTurley

MAY 12, 2022

Here is the column: The leaking of a Supreme Court justice’s draft opinion on abortion rights, followed by the “doxing” and targeting of individual justices at their homes, has led to calls for prosecution under a federal law prohibiting “pickets and parades” at the residences of judges or jurors. Under a federal law, 18 U.S.C. In Vegelahn v.

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Drafting Court Tort Laws 34

JonathanTurley

JULY 12, 2021

Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. In City of New York v.

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Manufacturing Laws Litigation Litigating 43

JonathanTurley

FEBRUARY 18, 2022

Here is the column: For those of us who teach torts, we are living in the golden age of defamation. Most recently, after numerous efforts to dismiss the case, The New York Times found itself in court defending an editorial that bizarrely appeared to blame former Alaska Gov. Devin Nunes, R-Calif. Gabrielle Giffords, D-Ariz.

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Tort Court Government Statute 35

ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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Court Statute Litigation Litigating 45

JonathanTurley

JANUARY 19, 2022

chief judge of the United States Court of Appeals for the Eleventh Circuit. That included a column by Washington Post’s Ruth Marcus asking “ Why is a prominent federal judge hiring a law clerk who said she hates Black people ? Pryor was on the short list for the Supreme Court under President Donald Trump.

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Laws Tort Court Diligence 33

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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Court Statute Government Litigation 42

JonathanTurley

DECEMBER 19, 2021

I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. City of Chicago , in which the Court declared that that right is incorporated against state and local government.

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Manufacturing Laws Litigation Litigating 28

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.

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Court Reporting Court Construction Government 55

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In a split decision, the Ninth Circuit Court of Appeals ruled that young people and other plaintiffs asserting a claim against the federal government for infringement of a Fifth Amendment due process right to a “ climate system capable of sustaining human life” did not have Article III standing. One reason the petitioners asked the D.C.

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Court Reporting Court Government Construction 40

JonathanTurley

JANUARY 26, 2024

The Washington Post reported that the discussion included targeting or threatening critics with defamation lawsuits. The threats in the letter were reminiscent of an earlier column discussing how Morris and others reportedly met to plan out a scorched earth strategy to attack and threaten critics.

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Lawyer Lawyers Litigation Litigating 55

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Bankruptcy Court Said California City and Counties Could Not Sue Coal Company for Climate Change Impacts. A federal bankruptcy court in Missouri enjoined San Mateo and Marin Counties and the City of Imperial Beach (the plaintiffs) from pursuing their climate change lawsuits against Peabody Energy Corporation (Peabody). FEATURED CASE.

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