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Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

9 Jan 2019, 11:48 am by Anthony B. Cavender

United States of America, CMC Inc., and Harsco Corporation, an unpublished opinion released by the court on November 30, 2018. [read post]

Gravel2Gavel Construction Law Blog - http://www.gravel2gavel.com/

Reargument preview: A new theory of when local-government takings occur

9 Jan 2019, 11:47 am by Miriam Seifter

” The United States distinguishes the early cases Knick relies on. [read post]

SCOTUSblog - http://www.scotusblog.com/

Judge Koh enforces transparency, unseals key passages of documents in FTC v. Qualcomm

9 Jan 2019, 11:33 am by Florian Mueller

Koh of the United States District Court for the Northern District of California has identified a problem with Qualcomm (and in some cases maybe also third parties) demanding overredactions. [read post]

FOSS Patents - http://www.fosspatents.com

Argument analysis: Searching for the least unnatural reading

9 Jan 2019, 10:10 am by Danielle D'Onfro

The second argument on Monday was in Obduskey v. [read post]

SCOTUSblog - http://www.scotusblog.com/

[Eugene Volokh] Ninth Circuit Upholds Federal Ban on Gun Ownership by Illegal Aliens

9 Jan 2019, 8:28 am by Eugene Volokh

[Title 18] § 922(g)(5) does not burden this core right, because the prohibition applies only to those who are present in the United States "illegally or unlawfully. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Argument analysis: Justices wade deep into the copyright weeds

9 Jan 2019, 7:14 am by Jessica Litman

Jonathan Ellis argued for the United States, and agreed with Wall-Street.com’s interpretation. [read post]

SCOTUSblog - http://www.scotusblog.com/

Everyone Calm Down About That Declaration of National Emergency

9 Jan 2019, 5:37 am by Quinta Jurecic

Reading Jackson alongside Schmitt, the second and third tiers are the space in which the state of exception might seep in: the president acts on his or her own, or mostly so, in shaping the surrounding world. [read post]

Lawfare - http://www.lawfareblog.com/

Indemnification Provisions and the “Vouching In” Rule – – The Most Dangerous Contractual Provision You Probably Don’t Know About

9 Jan 2019, 12:00 am by Gail Lamarche

He is admitted to practice in all Florida state courts, as well as in the United States District Court for the Middle District of Florida, the Eleventh Circuit Court of Appeals and the United States Supreme Court. [read post]

Legal Scoop on Southwest Florida Real Estate - http://www.legalscoopswflre.com/

Climate Change Lawsuit Challenging A Myriad Of Federal Actions That Support Fossil Fuels, And Raising “Complicated And Novel Questions About Standing, Historical Context, And Constitutional Rights,” Is Now Before The Ninth Circuit On Expedited Interlocutory Appeal.

8 Jan 2019, 8:13 pm by Glen C. Hansen

United States (9th Cir., Jan. 7, 2019, case no. 18-36082); -United States v. [read post]

Abbott & Kindermann Land Use Law Blog - http://blog.aklandlaw.com/

When Private Approaches Go Public: Brazil Establishes National Guidelines on Business and Human Rights: Decree No. 9.571 (21 Nov 2018)

8 Jan 2019, 2:38 pm

Here the state adopts an approach emblematic of private governance. [read post]

Law at the End of the Day - http://lcbackerblog.blogspot.com/

SCOTUS Holds Delegation Clause Must be Enforced Even if Trial Court Deems Arbitration Claim “Wholly Groundless”

8 Jan 2019, 1:12 pm by Beth Graham

Today, the United States Supreme Court delivered a unanimous opinion in Henry Schein, Inc. v. [read post]