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Could anything be worse for alien tort claimants than arguing before a hostile Supreme Court on corporate liability, as the plaintiffs in Kiobel v. Royal Dutch Shell did last month? Yes: arguing before a hostile Supreme Court on extraterritoriality, as those plaintiffs will have to do next term, thanks to a surprise procedural order on March 5.
A jury might really sink its teeth into Norex Petroleum's claims against a collection of Russian billionaires and oil companies. But unfortunately for Norex, over the span of 10 years Pell has led the way in convincing three different courts in Manhattan to dismiss the case without ever reaching the merits.
The ABA is on board with the U.N.'s agenda on business and human rights, but lawyers are only starting to ponder the questions it raises. Should human rights influence legal advice? Did Shell's advisers go too far in Kiobel?
A four-judge majority found no reason to meddle with New York's long-established interpretation of the in pari delicto doctrine.
The U.S. Supreme Court on Wednesday sharply limited the reach of a federal law used to hold corporations and others accountable for human rights abuses committed abroad. But human rights lawyers predicted additional litigation over how much of the federal courthouse door was left ajar.
The odds of a surprise turnaround for the banks fighting the Federal Housing Finance Agency are looking slimmer and slimmer.
In its biggest suit yet, the National Credit Union Administration claims Bear Stearns sold $3.6 billion in shoddy mortgage-backed securities to four failed credit unions. But just like the cases that the Federal Housing Finance Agency brought against a slew of banks, the NCUA suits are in limbo as federal appeals courts weigh whether the agencies waited too long to sue.
The Sixth Circuit caught flack from tort reformers six months ago for green-lighting class claims over mold-ridden Whirlpool washing machines. Now the Seventh Circuit has given class action critics more to stew over in a parallel case against Sears--and possibly complicated efforts by Whirlpool's lawyers at Mayer Brown to win Supreme Court relief.
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