Justices clear the way for Louisiana wetlands trial against oil companies to go forward

Justices clear the way for Louisiana wetlands trial against oil companies to go forward

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The Supreme Court on Tuesday morning declined to put a Louisiana trial seeking compensation for the “existential threat” posed by coastal land loss on hold while the defendants in the case, a group of oil companies, seek review of a state court decision rejecting their request to transfer the case. The oil companies had argued that they cannot get a fair trial in the court where they are being sued because any awards against them will go to the … Read the rest

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

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If anything is clear after Tuesday’s argument in Coinbase v. Bielski, it is that the justices are not going to agree on the answer. The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. So in these cases (proposed class actions against Coinbase, a … Read the rest