Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
About a month ago, one of the myriad climate change tort lawsuits brought by state and local governments against major fossil fuel producers was dismissed by a state court judge in Baltimore, Maryland. (These lawsuits have...more
After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more
The federal district court in Delaware has remanded the climate change lawsuit filed by the State of Delaware against a variety of fossil fuel companies (including the oil majors) to state court. This lawsuit is one of the...more
The brawl over climate tort liability has returned, again, to the U.S. Supreme Court. In its first skirmish in 2011, the Court in Connecticut v. American Electric Power swept the board by declaring that the federal Clean Air...more
The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more
Over the past decade or more, plaintiffs have sought to “hold companies accountable” for their supposed contributions to climate change. Having been rebuffed from bringing claims in federal court under federal common law,...more
The past three years have seen a wave of tort lawsuits brought by local governments and one state seeking to hold fossil fuel companies liable for costs resulting from climate change. Whether the cases can be removed to...more