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Federal Jurisdiction Constitutional Challenges

Fox Rothschild LLP

U.S. Supreme Court Rules Unanimously That Federal Courts Can Exercise Jurisdiction Over the Palestinian Authority in Damages...

Fox Rothschild LLP on

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

Davies Ward Phillips & Vineberg LLP

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

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

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

Stikeman Elliott LLP on

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

Morrison & Foerster LLP

Supreme Court Deals Latest Setback to Government’s Use of ALJs in Consolidated Axon Enterprise v. FTC and SEC v. Cochran Decision

In a setback to the SEC’s and other federal agencies’ use of administrative law judges (“ALJs”) to conduct in-house enforcement proceedings, the U.S. Supreme Court recently issued a unanimous decision in Axon Enterprise, Inc....more

Eversheds Sutherland (US) LLP

SCOTUS denies certiorari in New York opioid stewardship payment challenge

On October 4, 2021, the United States Supreme Court denied certiorari in an appeal from a decision of the Second Circuit which held that New York’s opioid stewardship payment, required as part of the New York Opioid...more

Faegre Drinker Biddle & Reath LLP

TCPA Plaintiff Argues he wasn’t Injured in Attempt to Dodge Federal Jurisdiction

Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in...more

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