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Civil Law

New Allegations in World-first Lawsuit Over Clean Energy and Zero Emissions Claims

On 25 August, 2022, the Australasian Centre for Corporate Responsibility (“ACCR”) expanded its case against the Australian gas company, Santos Ltd. (“Santos”), with new and more detailed allegations around greenwashing.

Last year, ACCR filed a consumer protection lawsuit with the Federal Court of Australia regarding certain misleading or deceptive statements Santos made relating to its clean energy claims and net-zero representations in the 2020 Annual Report (which we reported here). This was the first lawsuit in … Read the rest

Supreme Court

Court opts for plain meaning in dispute over procedural rules for relief from erroneous judgments

The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).

The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest

Supreme Court

Tough questions for both sides in dispute over “remain in Mexico” policy

The Supreme Court heard oral argument on Tuesday in the battle over the Biden administration’s efforts to end one of the Trump administration’s signature immigration policies. The lower courts ordered the Biden administration to reinstate the controversial policy, which requires asylum seekers to stay in Mexico while they wait for a hearing in U.S. courts. During nearly two hours of oral argument in Biden v. Texas, the justices appeared torn on whether the Biden administration must maintain the … Read the rest

Supreme Court

New York sues New Jersey over compact governing Port of New York and New Jersey

This week we highlight cert petitions (and one original action) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey.

In New York v. New Jersey, New York files an original action in the Supreme Court against New Jersey, asking the justices to decide whether New Jersey can unilaterally withdraw from … Read the rest

Supreme Court

Another follow-up from McGirt v. Oklahoma and a copyright dispute over an Icelandic song

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the requirements for defendants to prove “Indian” status under the Major Crimes Act and the proper test for when two songs (here, “Soknudur” and “You Raise Me Up”) are substantially similar for copyright claims.

The requirements for “Indian” status under the Major Crimes Act

Oklahoma v. Wadkins presents the justices with the latest in a series of cases emerging out of their 2020 … Read the rest