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28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112… [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112… [read post]
21 Apr 2011, 7:49 am
Summary of presentation: On Tuesday, April 19, 2011, the United States Supreme Court heard arguments in American Electric Power, et al v Connecticut, et al (10-174) ("AEP"), a case filed by eight states, one city and three land trusts seeking an order requiring five of the nation's largest coal-fired power producers to reduce their emissions for at least a decade. [read post]
14 Jul 2019, 8:58 pm by Omar Ha-Redeye
More recently, Gregory Shill of the University of Iowa College of Law describes in The Atlantic how the law effectively compels the use of the automobile, repeating the 1977 SCOTUS reference in Wooley v. [read post]
7 Dec 2010, 6:53 am by Nabiha Syed
Connecticut, the Court will consider whether states can use the tort theory of public nuisance to regulate carbon dioxide emissions. [read post]
27 Mar 2012, 4:34 am by Jonathan H. Adler
Industry officials and environmentalists said in interviews that the rule, which comes on the heels of tough new requirements that the Obama administration imposed on mercury emissions and cross-state pollution from utilities within the past year, dooms any proposal to build a coal-fired plant that does not have costly carbon controls. [read post]
30 Sep 2016, 4:08 am by SHG
The rule orders states to make big cuts in carbon dioxide emissions from power plants over the next 15 years, setting individual goals for each state while giving them considerable flexibility in how to get reach them. [read post]
6 Apr 2016, 5:19 am by Michael DelSignore
The Massachusetts Supreme Judicial Court will hear oral arguments on Thursday in the case of Commonwealth v. [read post]