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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Conflict of Laws

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. It was often assumed that the claim must have “arisen out of” the defendant’s forum contacts: what did that mean?

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Climate Litigation Chart Updates – November 2016

ClimateChange-ClimateLaw

In a separate but similar Ninth Circuit appeal, the federal government filed a brief on October 18 urging the court to overturn a district court decision vacating the listing of a ringed seal subspecies as threatened based on climate change threats through the end of the century.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The court wrote that ultimately it saw “a greater threat to the separation of powers by allowing courts to pick and choose what law governs the executive branch’s ongoing duties.” Montana Federal Court Denied Requests to Stop Work on Keystone Pipeline, Asked for More Briefing on Separation of Powers Issues. California v. 22O152 (U.S.

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February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit held that the federalism canon—requiring that Congress use “exceedingly clear language” to alter the balance of power between the federal government and the states—did not support an interpretation limiting the best system of emission reduction to measures applied at and to the source. Montana Environmental Information Center v.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

In three other cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. DECISIONS AND SETTLEMENTS Supreme Court Sent Other Climate Cases Back to Lower Appellate Courts for Review of Other Grounds for Removal.

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Justices won’t intervene in dispute over transgender rights and bathrooms

SCOTUSBlog

In 2012, the federal government began proceedings to deport Patel and his family. The federal government agreed with Patel that the justices should take up the first question, and the justices on Monday followed that recommendation, granting only the first question presented in Patel’s petition for review.

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Supreme Court Denied Montana and Wyoming’s Challenge to Washington Actions that Barred Coal Exports.

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