News & Analysis as of

Federal Jurisdiction

Davies Ward Phillips & Vineberg LLP

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as...more

Stoel Rives LLP

What to Consider When Analyzing Dispute Resolution Provisions

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Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more

Dechert LLP

Dechert Re:Torts - Issue 16

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Supreme Court to Resolve Availability of RICO Claims to Personal Injury Plaintiffs - On April 29, 2024, the Supreme Court granted certiorari in Medical Marijuana, Inc. v. Horn, No. 23-365, 2024 WL 1839091 (U.S. Apr. 29,...more

Stikeman Elliott LLP

Federal Government Tables Amendments to Cure Unconstitutional Impact Assessment Act

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The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to...more

Benesch

Ninth Circuit Shuts Down “Super” Snap Removals, Leaves Question of “Non-Super” Snap Removals (AKA Pre-Service Removals) Open for...

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Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible.  This bulletin addresses a wrinkle in the law about when removal is possible....more

Dorsey & Whitney LLP

The Supreme Court Update - March 20, 2024

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On March 19, 2024, the Supreme Court of the United States issued two decisions: FBI v. Fikre, 22-1178: This case addresses when the “voluntary cessation of a challenged practice” renders a lawsuit moot. Yonas Fikre, a...more

Epstein Becker & Green

Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS...

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Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more

Lathrop GPM

Virginia Federal Court Dismisses Franchisor's Trade Secret Claim for Failure to Plead with Specificity

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A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016...more

Farrell Fritz, P.C.

The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

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For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction.  Two recent Southern District cases examine...more

Davies Ward Phillips & Vineberg LLP

Supreme Court of Canada Finds Impact Assessment Act Unconstitutional

On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the...more

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

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On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more

Bennett Jones LLP

Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

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The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional....more

Jenner & Block

EPA narrows “Waters of the United States” definition following Sackett ruling

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The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more

Nutter McClennen & Fish LLP

EPA and Army Corps Amend Clean Water Act’s “Waters of the United States” Rule

On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Bilzin Sumberg

New EPA Rule on Clean Water Act

Bilzin Sumberg on

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a...more

Nossaman LLP

Biden Administration Finalizes Updated WOTUS Rule

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On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more

BakerHostetler

Tribal Privacy Codes: Establishing Self-Governance in the Post-Internet Age

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Recent trends in privacy legislation, including the passage of California Consumer Privacy Act, more commonly referred to as the CCPA, as well as copycat laws in at least nine other states, make clear the intention of state...more

Troutman Pepper

EDVA Judge Rules Supplemental Jurisdiction Is Not a Basis for Removal

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A recent EDVA decision reinforced the point that removal to federal court must be based on the existence of either federal question or diversity jurisdiction, but not supplemental jurisdiction....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employees of Federally Regulated Employers in Québec Will Have the Right to Carry Out Their Work in French

Bill C-13, An Act to amend the Official Languages Act, to enact the use of French in federally regulated private businesses Act and to make related amendments to other Acts, was granted Royal Assent on June 20, 2023. The act...more

Nossaman LLP

UPDATE: Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Removal Requirements

This week, the Court holds that it may sua sponte question the existence of subject-matter jurisdiction under the Class Action Fairness Act (“CAFA”) in a removed case where a defendant’s notice of removal alleged the...more

Goulston & Storrs PC

Regulatory Changes: Massachusetts Wetlands Permitting

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The U.S. Supreme Court recently issued an opinion in Sackett v. EPA that established a stricter test for whether the federal Clean Water Act (CWA) applies to a wetland. The test limits federal jurisdiction to wetlands with a...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more

Troutman Pepper

Does the Government Retain Control of False Claims Act Cases?

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United States ex rel. Polansky v. Executive Health Resources, Inc. (S. Ct. June 16, 2023) - The vast majority of False Claims Act cases are initiated by private parties, known as relators, not the government. In fact,...more

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