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Criminal proceedings reach “favorable termination” when they end without conviction

SCOTUSBlog

The claim before the Supreme Court alleged malicious prosecution (also described as unreasonable seizure pursuant to legal process) against one responding officer, Pagiel Clark, who signed a criminal complaint during Thompson’s initial post-arrest detention. The elements of the constitutional claim match those of the tort.

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Too Clever By Half: Why Public Nuisance is Again at the Heart of a Public Health Debate

JonathanTurley

” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns. Judge Polster pushed drug makers to settle before clearly establishing legal liability. Yet it leaves the matter far from resolved.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

State court proceedings in Rhode Island’s case were put on hold in August pending the U.S. Supreme Court’s and Rhode Island Supreme Court’s consideration of personal jurisdiction issues in unrelated cases. Rhode Island v. Shell Oil Products Co. , No 19-1818 (1st Cir.

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October 2019 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Rhode Island Federal Court Denied Motion to Stay Remand Order in Rhode Island’s Climate Change Case. Rhode Island v. The court said the laws’ provision for criminal or tort liability for advising, encouraging, or soliciting persons participating in a riot to acts of force or violence was overbroad and vague.

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June 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Rhode Island , No. 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. County of San Mateo , No. 20-884 (U.S. May 24, 2021); Suncor Energy (U.S.A.)

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July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

In Rhode Island’s case, the First Circuit ordered the parties to file additional briefs addressing the impact of the Supreme Court’s decision. In Rhode Island’s case, the First Circuit ordered the parties to file additional briefs addressing the impact of the Supreme Court’s decision. Rhode Island v.

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February 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The court found that the plaintiff, who did not allege any legally cognizable relationship with the community college, had failed to allege Article III standing.