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Ford v. Montana: Supreme Court on the Scope of Personal Jurisdiction

Patently O

Montana 8th Judicial District ( Supreme Court 2021 ). Markkaya Gullett was killed in a Ford Explorer crash near her home in Montana. General Jurisdiction : Ford has a longstanding permanent relationship with Montana, advertises heavily in the state, and receives hundreds-of-millions-of-dollars in revenue from in-state sales.

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A quiet bench on the Quiet Title Act: Justices hold muted debate on statute of limitations

SCOTUSBlog

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

Statute 96
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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. Now we have an important new decision from Montana. On August 4, 2021, the Montana First Judicial District Court denied defendants’ motion to dismiss in Held v.

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A squabble over a forest road may pave the way for further narrowing of “jurisdictional” timing rules

SCOTUSBlog

Generally speaking, that line of cases has limited the circumstances in which statutes that impose timing requirements on federal causes of action are regarded as jurisdictional – which means that they automatically and categorically keep a case out of court. Why, you might ask, should this matter? In most cases, perhaps, it would not.

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SCOTUS Rules Quiet Title Act’s Time Bar Is Claim-Processing Rule

Constitutional Law Reporter

Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court’s jurisdiction. Facts of the Case Larry Steven Wilkins and Jane Stanton own properties in rural Montana that border a road for which the United States has held an easement since 1962.

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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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Pipeline Decisions Do Not Spell Doom for Transmission

ClimateChange-ClimateLaw

Transmission lines are, like generation facilities, often held up by litigation. These permitting decisions may then subject transmission lines to NEPA, among other statutes. . The NWP 12 litigation has thus impeded two major pipelines: Keystone XL and Atlantic Coast. Three Recent Pipeline Setbacks. The following day the U.S.