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Welcome to the Washington Legal Foundation

Today on The WLF Legal Pulse Blog

High Court Should Not “DIG” Dart Cherokee Basin Case

Dart Cherokee Basin Operating Co. v. Owens, which raises right-of-removal issues under the Class Action Fairness Act (CAFA), is among the more important civil justice cases being heard by the Supreme Court this term. Legal commentators are virtually unanimous in concluding that the trial court adopted an overly restrictive standard governing removal of cases from state to federal court. Yet, as Columbia Law Professor Ronald Mann noted in a recent column for ScotusBlog, questioning during the October 7 oral argument revealed that the Court may be reluctant to decide the case at all. Every question posed to counsel for Petitioner focused on “vehicle” issues, not on the merits of his CAFA arguments. Several justices even suggested that the case might be dismissed as improvidently granted—which would be a terrible mistake.. . . (continue reading here)

In re: FWS Rules on Designation and Modification of Critical Habitat
On October 23, 2014, WLF filed formal comments with the U.S. Fish & Wildlife Service (FWS), urging it to withdrawal several new proposed regulations that would significantly expand restrictions on private property deemed important by FWS for...
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Perez v. Mortgage Bankers Ass’n
On October 16, 2014, WLF filed a brief in the U.S. Supreme Court, urging it to require a federal administrative agency, before significantly altering its interpretation of an agency regulation, to provide public notice of its plans and a meaningful...
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FTC v. Wyndham Hotels & Resorts, LLC
On October 14, 2014, WLF asked the U.S. Court of Appeals for the Third Circuit to reverse a district court order refusing to dismiss the FTC’s lawsuit against Wyndham Hotels & Resorts, LLC (“Wyndham”). The lawsuit claims that Wyndham—which itself...
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Anthony v. Georgia Gulf Lake Charles, LLC
On October 10, 2014, WLF filed a brief in the Louisiana Supreme Court, urging it to review (and ultimately overturn) a massive tort award to individuals living in the vicinity of a chemical plant, where there was no valid scientific evidence that...
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Are EPA and the Army Corps Navigating New Waters with their Controversial Proposal?
By Sarah A. Slack, a Senior Counsel with the law firm Foley & Lardner LLP, practicing in its Madison, Wisconsin office, and Catherine M. Basic, an Associate with the firm in its Chicago, Illinois office.
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High Court’s Cert Denial Foments Greater Confusion over Removal of Mass Actions under Federal Law
By Heather A. Pigman, a Partner with the law firm Hollingsworth LLP in Washington, D.C. and John M. Kalas, an Associate with the firm.
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September 26, 2014 | 10:00 A.M. - 11:00 A.M. EDT
Aguinda v. Chevron: The Remarkable Rise and Fall of a Stage-Managed Litigation and PR Crusade
Paul M. Barrett, Assistant Managing Editor, Bloomberg Businessweek
Eric G. Lasker, Hollingsworth LLP
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October 01, 2014 | 1:30 P.M. - 2:45 P.M. EDT
The U.S. Supreme Court: Previewing the October 2014 Term
Eric Grannon, White & Case LLP
John P. Elwood, Vinson & Elkins LLP
Allyson N. Ho, Morgan, Lewis & Bockius LLP
Shirley Cassin Woodward, WilmerHale
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