The Supreme Court today rejected proposals by six states to limit greenhouse gas emissions under federal common law.
The plaintiffs cited federal common law, calling the greenhouse gas a nuisance.
The critical issue here, which certainly transcends Big Pharma, is whether under federal common law, third-party beneficiaries can sue government contractors to enforce the statutory requirements with which those businesses contractually pledged to comply.
FORBES: Supreme Court Cert Grants: FOIA, False Claims And The Return Of Anna Nicole Smith
Five former clients of CAIR filed the two lawsuits in federal court alleging common law and statutory fraud, breach of fiduciary duty, and intentional infliction of emotional distress against CAIR.
CENTERFORSECURITYPOLICY: Federal Lawsuit Exposes Massive CAIR Fraud and Cover-up
State courts can consider matters of federal law in addition to claims based on common-law concepts such as negligence, which is what St.
FORBES: St. Joe Oil-Spill Lawsuit Vs. Transocean Ordered Back To State Court
There are state statutes, state common law and the federal Lanham Act, which can be used to pursue claims of false endorsement.
C. filed its reply brief in support of its motion for summary judgment in the United States District Court for the District of Columbia on behalf of five former clients of the Council on American-Islamic Relations (CAIR), who had earlier filed two separate lawsuits in federal court against CAIR, alleging common law and statutory fraud, breach of fiduciary duty, and intentional infliction of emotional distress.
But the existence of federal regulation furnishes no reason to make state common law governing the employer-employee relationship more intrusive.
FORBES: New York State's Top Court Tells Wall Street Compliance Pros To Be Afraid, Be Very Afraid
Because the discussion regarding materiality in a federal securities fraud action are also applicable in the main to fraud claims alleged under the common law, the state blue sky laws, or other anti-fraud federal and state statutes, the discussion of materiality will not treat the latter separately.
They may receive payment under federal or state civil rights and compensation statutes or under the common law of false imprisonment.
That makes it more difficult for employers to circumvent the law by ordering staggered layoffs--a common employer trick to avoid the federal WARN act is the 49-person layoff.
In the federal system, severe restrictions have been imposed on the ancient writ of habeas corpus, a common law doctrine predating the U.S. Constitution by several centuries, which allows the wrongly convicted to attack their trials and verdicts.
FORBES: The San Antonio Four Show the Injustice of Sex Abuse Witch-hunts
应用推荐