News & Analysis as of September 20, 2024

Supreme Court of the United States › Appellate Jurisdiction

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Congress Streamlined the Pipeline Construction by Limiting Court’s Jurisdiction

Goldberg Segalla on 8/4/2023

On July 27, the U.S. Supreme Court issued a three sentence order that vacated the U.S. Court of Appeals for the Fourth Circuit’s orders staying the construction of the Mountain Valley Pipeline. The pipeline is being built...more

Ruling may give oil companies upper hand in climate change cases

Downey Brand LLP on 6/3/2021

On May 17, the U.S. Supreme Court issued a 7-1 decision in BP P.L.C. v. Mayor and City Council of Baltimore, 2021 DJDAR 4717, that may give fossil fuel companies the upper hand in the slew of recent climate change cases filed...more

Win for American Energy Companies Facing Climate Change Litigation

Bennett Jones LLP on 6/2/2021

In a 7-1 ruling in BP PLC et al v Mayor and City Council of Baltimore (19-1189), the Supreme Court of the United States ruled that the Fourth Circuit Court of Appeals did not fully analyze whether a climate change tort...more

Supreme Court Sides With Energy Companies On Technical Grounds In Climate Liability Case

Cozen O'Connor on 5/28/2021

The U.S. Supreme Court issued a 7-1 opinion in BP PLC v. Mayor and City Council of Baltimore, Case No. 19-1189, ruling that the Fourth Circuit erred in failing to consider all jurisdictional arguments from defendants BP and...more

US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit

Morgan Lewis on 5/21/2021

In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court...more

U.S. Supreme Court Delivers Procedural Win to Corporate Defendants in Climate Change Litigation

Jones Day on 5/20/2021

The U.S. Supreme Court held that the Fourth Circuit erred in its review of a remand order that would have kept Baltimore's climate change suit in state court. On May 17, 2021, in Mayor and City Council of Baltimore v. BP...more

Supreme Court Decides BP P.L.C., et al. v. Mayor and City Council of Baltimore

Faegre Drinker Biddle & Reath LLP on 5/20/2021

On May 17, 2021, the Supreme Court held in BP P.L.C., et al. v. Mayor and City Council of Baltimore that when a remand order is appealable under 28 U.S.C. § 1447(d), the court of appeals may review the entire remand order,...more

Appellate Jurisdiction over Class Certification Denials: Microsoft v. Baker

Akin Gump Strauss Hauer & Feld LLP on 6/16/2017

Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more

When is An Extension Not an Extension? When It Raises Jurisdictional Problems

Proskauer - Minding Your Business on 3/10/2017

When a district court issues an order extending a filing deadline, it is usually safe to assume that your client will not be prejudiced as long as you file within the period ordered by the court...more

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Supreme Court of the United States › Appellate Jurisdiction

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