U.S. Courts News Reporter
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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act.
In Penobscot Nation v. Frey and United States v. Frey, two cases ask the Supreme Court to review an en banc decision … Read the rest
In a November 30, 2021 opinion (here), a Delaware Superior Court judge, applying Delaware law, held that the later investigations of the insured policyholder by two regulatory agencies were unrelated to an earlier investigation of the company by one of the agencies. In making this “relatedness” determination, the court declined to apply the “fundamentally identical” standard that some Delaware courts have applied to relatedness issues, but instead applied a “meaningful linkage” test. Because relatedness disputes are so frequent, and because … Read the rest