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15 May 2024, 7:41 am by Eric Goldman
The Facts The Supreme Court summarized the basic facts with admirable concision: This dispute had its start in a decades-old, short-lived music venture. [read post]
13 May 2024, 6:19 pm
State deficiencies in climate litigations and actions of judges Laurent Fonbaustier / Renaud Braillet  165   Part IV: Cities, States and Climate Change: Between Competition, Conflict and Cooperation Global climate governance turning translocal Delphine Misonne 181   America’s Climate Change Policy: Federalism in Action Daniel Esty  193    Local policies on climate change in a centralized State: The Example of France Camille… [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
In short supporting affidavits, each proposed intervening shareholder wrote: “I have a material interest in this lawsuit”; “I could be adversely affected by any judgment made in this lawsuit”; “I cannot afford an attorney”; and “I adopt the complaint as my complaint in this action. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
10 May 2024, 2:30 am by Brian Cordery (Bristows)
The standard of the experiments also fell short of what would have been required for a peer-reviewed publication. [read post]
8 May 2024, 6:16 pm by Michael Douglas
  In short, private international law rules include choice of law rules (where a sales contract is governed by a CISG State’s law because of a choice of law clause) and conflict of laws rules (where, absent party choice of law, the forum’s rules indicate that a CISG State’s law is to apply). [read post]