Climate Change Litigation and the “Foreign Affairs” Trump Card
Having found the federal courts unfriendly to climate-related claims, a series of plaintiffs—mostly state and municipal governments—have sued fossil fuel companies under state law often in state court. Oil company defendants resisting these claims have argued that federal law, not state law, should govern. For cases filed in state court, defendants also have sought to remove the cases to federal court, asserting federal jurisdiction on various theories.
Continue ReadingUkraine in U.S. Courts
Though far from its most significant impact, the conflict in the Ukraine has implications for litigation in the United States. Unsurprisingly, the Government of Ukraine has sought to pause ongoing litigation in light of the current hostilities. Such filings could provide insight into how the Government Ukraine seeks to characterize those events.
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