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Today on the WLF Legal Pulse Blog

A Peak at What’s to Come? : Federal Judge Allows “Public Trust” Climate-Change Suit to Proceed

By Samuel B. Boxerman, Sidley Austin LLP

A new President will be inaugurated today.  Based on statements by President-Elect Trump and the views of many in Congress, changes are expected in how the federal government will address climate change, especially in the manner it regulates CO2 emissions.

However, at the same time that elected federal officials may navigate such a new path, a group of plaintiffs in a pending Oregon case urge the judiciary to dictate a far different approach to climate change.  Specifically, in Juliana, et al. v. United States, a group of plaintiffs have sued various federal agencies alleging that those agencies have willfully ignored the harm climate change causes them.  The plaintiffs claim that such inaction violates their constitutional due process rights, and runs afoul of a common-law theory known as the “public trust” doctrine.  They seek an order directing the federal defendants to develop a national remedial plan to reduce CO2 emissions. Continue reading

 

Bristol-Myers Squibb Co. v. Superior Court
On January 19, 2017, the U.S. Supreme Court agreed to review a California Supreme Court decision that ignores constitutional limits on the authority of state courts to exercise personal jurisdiction over out-of-state corporate defendants. The...
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BNSF Railway Company v. Tyrrell
On January 13, 2017, the U.S. Supreme Court agreed to review a Montana Supreme Court decision that ignores fundamental due-process limits on the ability of state courts to exercise personal jurisdiction over out-of-state defendants. The decision was...
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Retail Digital Network, LLC v. Prieto
On December 22, 2016, WLF filed a brief in the U.S. Court of Appeals for the Ninth Circuit, urging it to strike down a California law that severely restricts the right of alcoholic-beverage manufacturers and retailers to advertise their products....
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Ziglar v. Abbasi
On November 25, 2016, WLF filed an amicus brief encouraging the US Supreme Court to overturn a US Court of Appeals for the Second Circuit decision that would expose former federal officials—including former attorney general John Ashcroft and former...
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In re: Communications Regarding Off-Label Uses of Approved Medical Products
In comments filed on December 30, 2016 in response to FDA’s September 1, 2016 formal request for comments on off-label communications, WLF argued that current restrictions prevent doctors from learning of the latest medical advances and violate...
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Anheuser-Busch InBev’s Implications for FCPA and Dodd-Frank Act Compliance
By Lucinda A. Low, a Partner with Steptoe & Johnson LLP in the firm’s Washington, DC office where she heads the FCPA/anti-corruption practice.
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Data Security Best Practices Derived from FTC § 5 Enforcement Actions
By Kurt Wimmer, a Partner with Covington & Burling LLP in its Washington, DC office, where he chairs the Data Privacy and Cybersecurity Practice, and Ashden Fein, Catlin M. Meade, and Andrew Vaden, Associates with the firm. Foreword by David A. Heiner, Vice President and Deputy General Counsel of the Regulatory Affairs team at Microsoft Corporation.
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Study Reveals Pharmaceutical Product-Liability Plaintiffs Drawn to Sue in California
By Mark A. Behrens, a Partner with Shook, Hardy & Bacon LLP in the firm’s Washington, DC office, who also serves as a member of WLF’s Legal Policy Advisory Board.
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California Supreme Court Clarifies Broader Application of State’s Anti-SLAPP Law
By Thomas R. Burke, a Partner with Davis Wright Tremaine LLP in the firm’s San Francisco, CA office. 
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