Having agreed to hear a different global warming case this term, the Supreme Court has declined to review the dismissal of a case blaming thirty energy companies (via greenhouse gas emissions) for Hurricane Katrina damage. [NOLA.com, earlier here and here] The case had reached a curious procedural posture following the recusal of half the judges on the Fifth Circuit U.S. Court of Appeals. My Cato colleague Ilya Shapiro has details on that and other cases that notably won’t be appearing on the Supreme Court’s docket this term.
Posts Tagged ‘Supreme Court’
December 7 roundup
- Defendant “was sentenced to two consecutive sentences of death.” Come again? [Volokh]
- Supreme Court agrees to hear global-warming-as-nuisance case [Ilya Shapiro/Cato at Liberty, Jonathan Adler and more]
- Supreme Court agrees to review Wal-Mart employment case, could be Court’s biggest statement on class action issues in years [Beck, Schwartz, Ted at PoL]
- Investigator recommends disbarment of controversial former Maricopa County Attorney Andrew Thomas [Arizona Republic, earlier]
- Vessel-hull section of copyright law could give Sen. Schumer vehicle for controversial bill to accord IP protection to fashion design [WSJ Law Blog, Coleman, earlier here, here, etc.]
- Federal regulators propose requiring backup cameras in new cars [Bloomberg via Alkon]
- “Why Rosetta Stone’s Attack on Google’s Keyword Advertising Program Should Be Rejected” [Paul Alan Levy, CL&P]
- “Lawyer Got Secretary to Take His CLE Courses, Disciplinary Complaint Contends” [ABA Journal, Illinois]
November 18 roundup
- Adios to Rum and Coke? “FDA, FTC crack down on caffeinated alcoholic drinks” [WaPo]
- Flap over Justice Alito’s attendance at conservative magazine’s dinner may be much ado about nothing [Steele, Legal Ethics Forum]
- “Cops Threaten Mom for Letting [8 Year Old] Son Play Outside” [Free-Range Kids]
- Contrary to some assertions, American courts from early on did recognize that tort liability could run into First Amendment constitutional limits [Eugene Volokh, Iowa Law Review, PDF]
- Woman pleads guilty to insurance fraud after obtaining $300,000 over low-speed auto collision [Seattle P-I]
- Well-known examples to the contrary, regulation doesn’t always favor big business against small [Bryan Caplan]
- Should “professional plaintiffs” have standing? [Brandon Murrill, William & Mary Law Review, PDF]
- Blonds not protected class under federal employment discrimination law, judge declares [six years ago on Overlawyered]
Let’s impeach John Roberts!
October 11 roundup
- “Feds seek to halt inmate’s frequent lawsuits” [AP; J.L. Riches]
- “SeaWorld Blasts ‘Improper’ Suit Over Trainer’s Death” [OnPoint News, earlier]
- Does new NY law serve as road map for charities that wish to defy donor intent? [CultureGrrl]
- Cruise ship case an example of tensions that arise when defense lawyers jump fence to join plaintiffs’ side [Julie Kay, DBR]
- More on Connecticut AG Richard Blumenthal’s “my lawsuits create jobs” stance [Bainbridge; related, New York Times Magazine (opponent MacMahon: “His business is suing people.”)]
- Australia: “Autistic student sues over test” [The Age]
- “The most conservative court? Hardly” [Jacoby, Globe] And Justice Breyer, for one, has “rejected the notion that the U.S. Supreme Court has a pro-business slant and said the court doesn’t rule in favor of companies any more frequently than it has historically.” [Bloomberg via Adler, Volokh]
- “Abducted by aliens? Call now for compensation” [four years ago on Overlawyered; Germany]
October 7 roundup
- Lawsuit of the Day: Partner Booted From Three Firms Sues ‘Em All! [Legal Blog Watch]
- Drawing wrong lessons from the Rutgers suicide [Greenfield and more (proposed “Tyler’s Law”), John Schwartz/NYT (quoting Orin Kerr), Volokh and more, Above the Law]
- John Sullivan leaving after 15 years at helm of Civil Justice Association of California [L.A. Times]
- Maybe consumers don’t feel so victimized by overdraft “protection” after all [Bank Lawyer’s Blog]
- Yes, it’s another dust-up pitting all sensible Supreme Court commentators against Dahlia Lithwick, if you like that sort of thing [Kerr, Bodie/Prawfs, Ponnuru, Frank; bonus, Richard Epstein on Erwin Chemerinsky and Hans Bader on a prize flight of Lithwick fancy]
- Blog post relatively sympathetic to Righthaven copyright trollery draws many responses [Robert Zelnick, Patently-O]
- “Should they have let the guy’s house burn down?” [Tyler Cowen; Firey, Cato]
- “Drunken man passes out, wins $850K from police” [six years ago on Overlawyered]
Justice Breyer, exemplar of restraint?
Orin Kerr calls attention to some cherry-picking of statistics at the New York Times.
“High Court to Decide Whether Climate Change Cases Should Proceed”
The Supreme Court takes a look at curtailing lawsuits aimed at punishing or regulating carbon emissions, and might even revisit its pro-environmentalist ruling in Massachusetts v. EPA. [Marcia Coyle, NLJ] Related: “Call for Papers: Civil Litigation as a Tool for Regulating Climate Change” [Valparaiso University School of Law via TortsProf]
Less harsh federal criminal sentences
Have we arrived yet at a bipartisan consensus? Or is Washington’s “tough-on-crime” faction simply choosing to give the issue a pass? [Josh Gerstein, Politico] Related: if you think conservative Justices on the Supreme Court are adamant against overturning criminal convictions, think again [Marie Gryphon, National Law Journal]
Cato Constitution Day — Thurs. Sept. 16
On Thursday the Cato Institute will be holding its annual day-long Constitution Day symposium, which is also a celebration of the publication of the ninth volume of the annual Cato Supreme Court Review. I’ll be moderating (stepping in for Roger Pilon) on the second afternoon panel, which will cover three business-related cases recently decided by the Court: Jones v. Harris on mutual fund fees, Free Enterprise Fund v. PCAOB on one of the terms of the Sarbanes-Oxley law, and American Needle v. NFL on the scope of antitrust exemption. All three principal panelists are well-known bloggers: Larry Ribstein of Illinois (Jones) and Josh Wright of George Mason (American Needle) at Truth on the Market, and Hans Bader of CEI (Free Enterprise Fund) at Open Market (he’s also guestblogged on the PCAOB case right here). The event is open to the public, but reservations are required. More: Larry Ribstein, Josh Wright.