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Ninth Circuit Affirms District Court in Kivalina Climate-Change Case

On Friday, September 21, 2012, the Ninth Circuit Court of Appeals issued an important opinion in the developing area of climate-change litigation, affirming the dismissal of a lawsuit that threatened the energy sector with...more

Bank Group Seeks Depublication Of Bank Libel Opinion

In this post, I wrote about a recent decision by the First District Court of Appeal declaring Financial Code Section 1327 unconstitutional on its face. Summit Bank v. Rogers, 2012 Cal. App. LEXIS 633 (May 29, 2012). That...more

School District May Have Special Relationship with Their Students Requiring Protection of Students' Personal Security

In Doe v. Covington County School District, the Fifth Circuit Court of Appeals considered the circumstances in which a school district is required to protect students’ personal security based on a special relationship with...more

Sheriff — Not of the Locality, Not of the Commonwealth: Doud v. Commonwealth of Virginia

The Virginia Supreme Court has issued new opinions for September, but none are cases involving local governments, at least not on appeal. Here is the link to the opinions of the Virginia Supreme Court: (see article below for...more

Weekly Law Resume - September 15, 2011: Qualified Immunity Does Not Apply Where Officer Mistakenly Pulls Gun Instead of Taser

Maria Torres, et al. v. City of Madera, et al. Ninth Circuit Court of Appeals (August 22, 2011) This case is an important progression in stun-gun-related police liability law, establishing how mistaken-draw cases should...more

McAfee & Taft RegLINC: Supreme Court prohibits federal common law nuisance suits seeking limits on carbon dioxide emissions By...

By a vote of 8 – 0, the United States Supreme Court recently ruled that congressional delegation of authority to EPA to regulate pollutants under the Clean Air Act (“Act”) speaks directly to regulation of carbon dioxide...more

Supreme Court Decides Global Warming Case

In the third of our trilogy this week, let's take a look at the Supreme Court's decision in American Electric Power Co. v. Connecticut, No. 10-174 (U.S. 6/20/11). Readers may recall from our previous posts that in 2004,...more

U.S. Supreme Court Takes Another Run At Climate Change

Tuesday, April 19, will be a watershed day for climate change litigation as the U.S. Supreme Court hears oral argument in American Electric Power v. Connecticut. At stake is whether states and private parties should be...more

President Obama and Medical Malpractice Reform

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...more

Weekly Law Resume - December 22, 2010: Government Liability - Taser Considered Intermediate Level of Force

Electronic Control Devices, otherwise known as "Tasers," have become one of the most important less lethal weapon options for police officers. In this case, the 9th Circuit Court of Appeals has now characterized the use of a...more

Pro Te: Solutio - Vol. 3, No. 3 - August 2010

In this issue: The United Kingdom Bribery Act 2010; Update On Tort Reform Caps: Are They Constitutional?; Not Just For Adults Anymore; and The Fully Informative, Yet Fully Understandable, OTC Label. Excerpt from The...more

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