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

Jury trial begins in fraud and conspiracy trial involving Blue Blue, an iconic Texas brand

AUSTIN — The timeline played the starring role during the opening arguments at the jury trial of the United States v Paul Kruse.

 Department of Justice attorney Matthew Lash for the prosecution and Houston defense attorney Chris Flood opened the trial. Taken together, they suggested that a food company, during an investigation, can fully cooperate with FDA and state agencies but still face conspiracy and fraud charges if it does not respond with thorough responses to public inquiries that may … Read the rest

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

Justices broaden trial courts’ discretion in child-custody disputes under Hague Convention

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The Supreme Court on Wednesday gave federal trial courts more discretion over whether children in some international custody disputes must be returned to their home countries. The unanimous decision in Golan v. Saada was the latest in a series of cases interpreting the Hague Convention on the Civil Aspects of International Child Abduction, an international agreement adopted in 1980 to deal with international child abduction during domestic disputes.

Under the Hague Convention, children who are wrongfully taken from the … Read the rest

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

COVID-related postponements and prosecutorial delays under the Speedy Trial Act

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, claims from two criminal defendants under the Speedy Trial, which dictates timeframes for different stages of criminal prosecutions.  

Under the Speedy Trial Act, the government must file an indictment within 30 days of arresting someone, and the trial must begin within 70 days of the indictment. If the government fails to meet these deadlines, the defendant can move to dismiss the indictment. … Read the rest