SDNY Dismisses Alien Tort Cases

September 3, 2014

Back in April, my colleague Keith Gibson questioned whether Alien Tort Statute cases would remain viable in the Second Circuit in light of the Supreme Court’s rulings in the Kiobel cases.  The discussion was prompted by Judge Scheindlin’s decision to permit two putative classes of black South Africans who were victims of apartheid-era violence and discrimination to move for leave […]

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“Did You Feel It?” – Study Examines Alleged Fracking-Induced Earthquakes

August 28, 2014

Anyone following our blog knows that the issue of whether fracking activities cause earthquakes is one receiving a lot of press and has been the subject of various studies.  A seismologist at the United States Geological Survey (USGS) has added to the mix with a recently published study examining earthquakes in the central and eastern United […]

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Giving a Voice to Companies

August 26, 2014

The landmark 2010 Supreme Court opinion in Citizens United cemented what had been a progressive transformation of the First Amendment into what one scholar has dubbed “the darling of economic libertarians and corporate lawyers who have recognized its power to immunize private enterprise from legal restraint.” Tim Wu, The Right to Evade Regulation: How corporations […]

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Homeopathy And Class Certification: Two Great Mysteries Converge

August 21, 2014

The National Center for Homeopathy, a non-profit organization “dedicated to promoting health through homeopathy,” describes homeopathic medicine as a “safe, gentle, and natural system of healing” that is “extremely safe to use” and “has none of the side effects of many traditional medications.”  They also say that homeopathic remedies are “made from natural substances” and […]

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Lack of Causation Key Hurdle in Texas Fracking Case

August 18, 2014

While the recent $2.9 million verdict in Dallas County, Texas in Bob and Lisa Parr’s nuisance suit against Aruba Petroleum grabbed headlines as a “first of its kind” fracking victory for plaintiffs, its precedential value remains unclear — even assuming the verdict is upheld on appeal.  Indeed, in a case with remarkably similar allegations to those made […]

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