McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more
In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for...more
This article constitutes the first of a multi-part series which will analyze how recent Sixth Circuit Court of Appeals and Ohio Federal Courts address and analyze the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq....more
With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more
International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more
Takeaway: Class action plaintiffs often endeavor to structure their complaints to avoid federal jurisdiction. To avoid federal diversity jurisdiction, for example, class plaintiffs often will name non-diverse defendants with...more
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims. What is the...more
The Supreme Court of the United States issued one decision today: Bouarfa v. Mayorkas, No. 23-583: This case addresses the availability of federal court jurisdiction to review the Secretary of Homeland Security’s...more
In recent years, the use of the federal multidistrict litigation (“MDL”) process to address complex multijurisdictional disputes has increased dramatically. Nearly 60% of all civil cases filed in federal court now become part...more
The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as...more
Many owners, contractors, and design professionals take a “boilerplate” approach to dispute resolution provisions and don’t consider the risks specific to the project at issue. Parties also often wait until an actual dispute...more
The federal government’s amendments (“Amendments”) to the Impact Assessment Act, SC 2019, c 28 (“IAA”) are one step closer to becoming law. During the week of May 6, 2024, the Amendments, forming part of Bill C-69, An Act to...more
Many defendants prefer federal court to state court. Accordingly, when sued in state court, they will remove whenever possible. This bulletin addresses a wrinkle in the law about when removal is possible....more
On March 19, 2024, the Supreme Court of the United States issued two decisions: FBI v. Fikre, 22-1178: This case addresses when the “voluntary cessation of a challenged practice” renders a lawsuit moot. Yonas Fikre, a...more
Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more
A Virginia federal court recently granted a motion to dismiss all six counts of a franchisor's complaint against a competing former franchisee for failure to plead with specificity under the Defend Trade Secrets Act of 2016...more
For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction. Two recent Southern District cases examine...more
On October 13, 2023, in a 5-2 split decision, the Supreme Court of Canada (SCC) found the federal Impact Assessment Act (IAA) to be, in part, unconstitutional in Reference re Impact Assessment Act. The SCC determined that the...more
On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more
The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional....more
The Environmental Protection Agency and the Army Corps of Engineers recently announced a revised and final rule amending the definition of Waters of the United States (WOTUS) following the Supreme Court decision in Sackett v....more
On August 29, 2023, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers released a final rule revising the meaning of “waters of the United States” under the federal Clean Water Act (CWA). The revised...more
On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more
The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”). This is a...more
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more