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27 Feb 2012, 2:59 am by tracey
Flachglas Torgau GmbH v Federal Republic of Germany: (Case C-204/09);  [2012] WLR (D)  45 “The option given to member states pursuant to the first sentence of the second sub-paragraph of article 2(2) of Parliament and Council Directive 2003/4/EC of not regarding ‘bodies or institutions acting in a … legislative capacity’ as ‘public authorities’ responsible for guaranteeing access to environmental information, could be… [read post]
12 Dec 2013, 7:12 am by Stephen D. Rosenberg
In Sprint, the Court made clear that the reach of Younger abstention is very narrow, and it cannot be invoked to regularly deprive federal courts of their jurisdiction over issues governed by federal law, particularly where federal law preempts state action; further, the Court made clear that Younger abstention cannot prevent parties from seeking federal court protection of their federal rights in most cases involving civil remedies, and in particular in cases where… [read post]
3 Feb 2012, 10:03 am by Lyle Denniston
The Supreme Court will conclude its oral arguments for the current Term with the major case on a state’s power to pass laws to control undocumented immigrants living in the state — Arizona v. [read post]
6 Oct 2008, 5:59 pm
In Exxon, the Supreme Court established a 1:1 ratio between punitive and compensatory damages under federal maritime law, and implications for applying the 1:1 ratio to limit punitive damages in state court actions. [read post]
6 Mar 2012, 8:07 am
Deciphering fault and the choosing who to sue is a strategic decision that is dependent on the laws within your state. [read post]
2 Jul 2018, 12:43 pm
” (Ibid.)More than 125 years have passed since Abeel, during which many federal and state cases, beginning with the high court’s decision in Jacobson v. [read post]
6 Dec 2010, 11:34 am by Steven Schwinn - Guest
The Supreme Court heard oral argument last week in Virginia Office for Protection and Advocacy v. [read post]
2 Apr 2012, 11:39 am by Kevin Johnson
In declining to apply the change in law retroactively, the majority applied basic retroactivity principles from its decision in Landsgraf v. [read post]
14 Dec 2017, 3:08 pm by Native American Rights Fund
Consumer Financial Protection Bureau ((Application of Federal Law) and Kansas v. [read post]
14 Dec 2017, 3:08 pm by Native American Rights Fund
Consumer Financial Protection Bureau ((Application of Federal Law) and Kansas v. [read post]
7 Apr 2011, 5:53 pm by INFORRM
In relation to the harassment claim, the Court adopted the summary of the law from the English case of Dowson v Chief Constable of Northumbria ([2010] EWHC 2612 [142]). [read post]
10 Feb 2015, 1:01 pm
Many states have legislation on the books that insulates non-manufacturing intermediate sellers from strict liability. [read post]