Conflict of Laws
JULY 5, 2021
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?
JonathanTurley
DECEMBER 1, 2021
Yet, the question is not what Carruth “should” have done but what he is legally required to do. That is similar to a prior case we discussed where a Montana man was accused of luring the enraged lover of his wife into a garage and then shooting him. (He Read was unarmed and has no criminal record.
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ClimateChange-ClimateLaw
NOVEMBER 1, 2016
The appellate court also agreed with the court below that it was not appropriate to recognize a new tort of “intentional investment in abnormally dangerous activities” advocated by the plaintiffs on behalf of future generations. Energy & Environment Legal Institute v. North Dakota v. 16-1242 et al. Arizona Board of Regents , No.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.” Bernhardt , No. 4:18-cv-05712 (N.D. Washington , No. 22O152 (U.S.
ClimateChange-ClimateLaw
FEBRUARY 10, 2021
Montana Federal Court Found Failure to Take a Hard Look at Costs of Greenhouse Gas Emissions in Review of Coal Mine Expansion. The federal district court for the District of Montana found flaws in an updated environmental assessment for a mining plan modification that extended the life of the Spring Creek Mine, a surface coal mine in Montana.
ClimateChange-ClimateLaw
JUNE 8, 2021
The Tenth Circuit vacated and remanded the exemptions after EPA moved for vacatur and voluntary remand, conceding that it did not analyze determinative legal questions regarding the refineries’ eligibility for the extensions. Circuit granted the motion on May 26, 2021. Renewable Fuels Association v. 21-9518 (10th Cir. Sierra Club v.
SCOTUSBlog
JUNE 28, 2021
In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. And in the second case, Montana and Wyoming v.
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