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Environmental Rights in State Constitutions

ClimateChange-ClimateLaw

However, the constitutions of six states do have provisions with explicit environmental rights – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. The court therefore allowed the litigation to proceed. If the final plan falls short, some litigants may well invoke this amendment.

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Court adds new cases on DNA testing for inmates, personal jurisdiction for corporations

SCOTUSBlog

Court of Appeals for the 11th Circuit has adopted a different rule, in which the statute of limitations only begins to run when all state-court litigation denying the request for DNA testing, including any appeals, has finished. Reed came to the Supreme Court last fall, asking the justices to review that ruling. He noted that the U.S.

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Justices to consider choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

Since the 1950s, though, the Supreme Court has relied on state law to fill “gaps” in maritime law that lack any federal statute or controlling federal precedent. Specifically, Great Lakes is a foreign insurance company that insured a yacht owned by Raiders, a Pennsylvania company. So exactly why would that question ever matter?

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Supreme Court gives government broad authority to dismiss whistleblower lawsuits

SCOTUSBlog

After several years of litigation, however, DOJ sought to have the case dismissed over Polansky’s objection, questioning its likelihood of success and pointing to concerns about the discovery burden being placed on the government and possible disclosure of privileged documents.

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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945).

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Justices favor reliable enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

Here, for example, a foreign insurance company insured a yacht owned by a Pennsylvania company. The question in the case is whether a coverage dispute should be resolved under New York law (which would accept the insurer’s denial of coverage) or Pennsylvania law (which probably would not). Fireman’s Insurance Co. ,

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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). In this case, for example, a European insurance company insured a yacht owned by a Pennsylvania company.