Supreme Court decides Enbridge and Fluor
Last Tuesday, the Supreme Court decided two cases that TLB has been following: Enbridge Energy, LP v. Nessel and Hencely v. Fluor Corp. Enbridge Enbridge is a dispute about whether Michigan can effectively shut down a pipeline under the Straits of Mackinac, but the particular question before the Court was purely procedural: does equitable tolling…
Continue ReadingMaryland Shuts Down Climate-Change Litigation
Last month, the Supreme Court of Maryland affirmed dismissal of all claims in lawsuits brought by Baltimore, Annapolis, and Anne Arundel County against 26 oil and gas companies alleging that the companies actively deceived the public about the reality and dangers of climate change. The case reached the U.S. Supreme Court in 2021 before being…
Continue ReadingArgument Preview: Enbridge Energy, LP v. Nessel
The Supreme Court will hear oral argument this morning in Enbridge Energy, LP v. Nessel, a case involving Michigan’s effort to end an easement across the Straits of Mackinac for an oil and natural gas pipeline between the Midwest and Canada. As Bill has covered previously for TLB, this is one in a series of…
Continue ReadingDeciding the “Real Party in Interest” in FSIA Litigation
The Second Circuit has categorized a recent case against an individual Egyptian official as a case against the Egyptian government as the “real party in interest.” The case, Hussein v. Maait, was then dismissed because Egypt was immune from suit. The court of appeals did a nice job laying out and applying the relevant “real…
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