Ultra Vires

News & Analysis as of

Significant Restrictions on Local Government Debt and Swaps Introduced in the Pennsylvania General Assembly

Legislation (Senate Bills No. 901, 902, 903 and 904 (SB 901, SB 902, SB 903 and SB 904)) has been introduced in the Pennsylvania General Assembly that, if passed, in whole or in part, could significantly affect certain types...more

Court Upholds California’s Landmark Quantification Settlement Agreement Involving Colorado River Water Transfers - Trial Court...

The Sacramento Superior Court last week issued its ruling on the long-running coordinated cases challenging the state’s landmark Quantification Settlement Agreement (QSA), validating the QSA and eleven related agreements...more

Are Political Contributions Ultra Vires?

It’s been three years, but the Supreme Court’s decision in Citizens United v. Federal Election Comm’n, 558 US 50 (2010) continues to foment a fierce debate about corporate political spending. In February, Representative Adam...more

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the...more

Alfa v Cukurova, Part VII

Like a low budget horror film, the Alfa v Cukurova litigation seems to have an inexhaustible supply of sequels. However, beyond a propensity for repetition, there the end of parallels to low budget horror films ends (or low...more

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