As the Union Budget 2025 approaches, the CBDT is reportedly focused on introducing a streamlined version of India’s income tax laws. ...

Tiana Bey is noted for her dedication to clients as the founder of TAB PC, Attorney at Law

Paul HoodOn Sept. 30, 2004 Merck announced a worldwide withdrawal of Vioxx® (rofecoxib). Vioxx had previously been prescribed in the treatment of arthritis and pain. Worldwide sales of Vioxx in 2003 were an estimated $2.5Billion and the drug was marketed in more than 80 countries around the world. This is one of several recent pharmaceutical products to have been put in the spotlight by both the

Toxic chemicals at Camp Lejeune creates ripple effect on OHS practice of tracking harmful exposure.

Law firm focuses on helping people in cases involving serious injury and wrongful death cases.

Isaiah R. Kalinowski, Esq., is honored for his expertise and dedication to litigating vaccine injury claims and religious liberties claims related to COVID-19 mandates

Eric "Rick" S. Rein, Esq., is lauded for more than 40 years of legal expertise in complex litigation

Stephanie Rapp-Tully is noted for representing federal employees as an equity partner at Tully Rinckey PLLC

Donald E. McInnis, JD, is a distinguished senior attorney at Hamilton & Associates APC

Sumner practices with the law firm of Sumner Law Group, LLC, in St. Louis and is a licensed attorney in Missouri and Illinois.

Advanced Litigation: Pre-Trial, Discovery and MSC - Part (1/2)…

Advanced Litigation Skills: MSC, Trial and Appellate Process - Part (2/2)…

From intake, case management, billing, collections, negotiations to preparing the cases for hearings and trials. Training will include any and all processes and workflows that practices have to follow or…

The California non-attorney Hearing Representative and Lien Representative is required to know how to prepare for and litigate a workers’ compensation case or lien claim before a WCAB Judge. This…

"Cross Examining Medical Professionals & Cumulative Trauma Litigation" is an all-day program devoted to legal and medical-legal issues that defense attorneys are confronted with in every day practice.

Litigation Strategies for Developing the Issue of Accurate PD: Theory, Evidence, Negotiation and Trial. Understand how to Litigate a Workers’ Comp Case, when the primary issue is Permanent Disability. This…

WCAB Marina del Rey issues will be discussed in depth. …

This program explores the updates to litigation and case law for 2018. The panel of judges will help support the student's development of understanding common mistakes in strict rating, case…

Top Tips for Prepping Your Case for Trial Nailing the Doctor’s deposition Bullet Proving Your Medical Evidence Secrets Everyone Needs to Know About How to Accurately Rate PD WC Litigation Pitfalls and Pratfalls in…

Discussion will include: Roadmap for Prepping Your Case for Trial, Common Discovery Mistakes and How Not to Make Them, Ex Parte Issues that Can Tank your Case, Don’t Let Psych…

Nearly half a century ago, the Environmental Protection Agency used the Toxic Substances Control Act to ban the use and production of polychlorinated biphenyls, or PCBs…

The trickle-up effect of rights-based climate litigation Expert comment NCapeling 16 November 2021

With governments failing in their pledges and companies accused of ‘green-washing’, human rights-based litigation is increasingly important for accountability.

Tuvalu’s foreign minister addressing COP26 while standing knee-deep in seawater was a stark illustration of how the climate emergency directly and imminently threatens the most basic human rights protected under international law – including to the right to life, self-determination and cultural rights.

Human rights are now a fundamental component of more than 90 per cent of the climate litigation currently taking place outside the US, highlighting the international reach of human rights law and how its emphasis on protecting the most vulnerable helps diverse communities find common arguments for shared goals.

Cases are set to continue and to evolve but three types of claim are emerging, each of which is examined in a new Chatham House briefing paper.

1. Enforcing commitments

One category of cases seeks to hold states accountable for pledges they have made on climate change, such as emission reduction targets made under the framework of the 2015 Paris Agreement. Drawing on human rights obligations, governments can be charged with not taking sufficient steps to implement these pledges.

The case of Leghari v Pakistan (2015) concerned the government’s failure to carry out the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy (2014-2030). The Lahore High Court held that several of the human rights enshrined in Pakistan’s constitution cover climate change and ‘provide the necessary judicial toolkit to address the government’s response to climate change’.

The court ordered the government to carry out measures such as publishing an adaptation action plan realizable within a few months of the order and establishing a Climate Change Commission to monitor progress.

2. Positive duties to mitigate risks

Many rights-based climate cases are being brought to clarify the scope of states’ positive duties under human rights law to take meaningful steps to protect their citizens against foreseeable risks to life and other rights.

This ‘trickle-up’ effect of human rights was prominent in the case of State of the Netherlands vs the Urgenda Foundation (2019) where the Dutch Supreme Court held that reducing emissions with the highest possible level of ambition amounts to a ‘due diligence standard’ for states to comply with their positive duties to adopt adequate measures to address climate change. Human rights law was also used by the court to fill in the content of the due diligence standards.

There is also a growing trend for rights-based actions to be brought against corporations, such as a recent case which drew on the UN Guiding Principles on Business and Human Rights to define the parameters of Shell’s duty of care and due diligence obligations in relation to carbon emissions under Dutch law. The court ordered Shell to reduce emissions by a net rate of 45 per cent by the end of 2030 – relative to 2019 figures – through its group corporate policy.

3. Avoiding harm in climate action

The global human rights regime is also increasingly invoked in litigation concerning states’ negative obligations to ensure that their climate mitigation and adaptation activities do not themselves contribute to human rights violations (including discrimination) and that states prioritize adaptation measures for those most at risk in a just and equitable way.

As Chatham House’s paper makes clear, this kind of litigation ‘puts pressure on governments to expand their approach to tackling climate change beyond purely a regulatory one to a more holistic strategy’.

Closing the climate justice gap

Climate and environmental litigation grounded in human rights is set to continue given the overwhelming scientific evidence of risks associated with human-induced climate change and the limited confidence in pledges made by states and corporations alike – including those made recently at COP26.

A growing collaboration between civil society organizations and vulnerable communities in relation to both the protection of nature and the enjoyment of their land and cultural rights was evident at COP26, and this alliance will add further momentum to the trend for rights-based climate litigation based on the rights of indigenous and other vulnerable communities, especially on issues such as deforestation.

But more challenges are coming. International human rights law recognizes a duty of international cooperation but there remain significant hurdles for climate-vulnerable communities in developing countries to compel action by richer nations despite the vast debts of ‘carbon colonialism.’

One big issue is the problem of extraterritoriality, as the extent to which states owe obligations to individuals outside their territory is contested. Courts in both Germany and the Netherlands have rejected claimants from developing countries in domestic class actions on this basis. But a recent decision of the UN Committee on the Rights of the Child on a complaint brought by Greta Thunberg and other youth activists against five countries opens the door for further litigation.

One of a number of cases being brought by youth claimants across the world, the committee concluded that a state’s human rights duties can – in some instances – extend to children in other countries. This includes any activities on the territory that host states have the power to prevent from causing ‘transboundary harm’ – such as emissions from the territory – where these activities ‘significantly’ impact the enjoyment of human rights of persons outside the territory.

To date, high-profile rights-based cases have argued for policy change and stronger targets underpinned by binding legislation responsive to the science. Claims are set to become more complex and contested. Building on scientific developments in climate attribution, rights-based litigation is now tackling other difficult questions such as apportioning responsibility and remedial action.

These cases examine both historically high emitters and the public and private actors who either continue specific activities or refrains from action in the face of the overwhelming science linking human activities such as extraction and burning of fossil fuels to deforestation and climatic consequences.

Courts are also likely to explore the duties that states and corporations owe to deliver a ‘just transition’ away from carbon-intensive industries, given the benefits of growth and climate action are already unevenly distributed.

A holistic human-rights based approach

Several states together with civil society are leading the charge for global recognition of the right to a healthy, clean, and sustainable environment in the United Nations (UN) Human Rights Council, and multi-stakeholder processes are defining what effective corporate due diligence looks like.

In addition, UN-appointed special rapporteurs are delivering practical guidance on how to devise solutions which are fair, non-discriminatory, participatory, and climate-resilient without exacerbating inequality – including difficult issues of planned relocation – and UN Human Rights Treaty Bodies are unpacking the duty of international cooperation to act in good faith to address loss and damage.

Recently the Committee on the Elimination of Discrimination Against Women recommended the Marshall Islands, in order to meet its duty to its citizens, should actively seek international cooperation and assistance – including climate change financing – from other countries but in particular the US, whose ‘extraterritorial nuclear testing activities have exacerbated the adverse effects of climate change and natural disasters’ in the islands.

Delaware is joining a nationwide Anti-Robocall Litigation Task Force of 50 attorneys general to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States.

JOINT PRESS RELEASE by Delaware, Arkansas, Pennsylvania, California, Texas, Wisconsin and 25 other states Arkansas, Pennsylvania, California, Texas, Wisconsin, their coalition partners, and other states will take possession of more than $190 million in unclaimed property. August 28, 2024 – Officials from the state of Delaware, and officials from the states of Arkansas, Pennsylvania, California, […]

The Dutch appeal court has reinstated a major $50bn award to Yukos shareholders by Russia, in a long-running dispute.

The Goods and Services Tax (GST) portal's recently launched Invoice Management System (IMS) is set to significantly decrease the number of notices issued over Input Tax Credit (ITC) discrepancies...

Justice Anita Sumanth refuses to issue a writ of quo warranto against seven individuals representing the Working Committee of the Residents’ Assembly

The core issue in the M.K. Ranjitsinh case — the protection of the Great Indian Bustard in energy projects — can be used to facilitate equitable and inclusive climate action

Court scheduling and case management continue to be a hurdle that litigants face

Hackney Publications

Hackney Publications

Chemists’ manifesto: Call for fair play gets louder amidst deep discounts from online pharmacies

The market has been criticised for its response to the coronavirus crisis, particularly with regard to business interruption as providers "look down the barrel' of class action.

Harbour Litigation Funding will pay Mishcon de Reya to review the claims business owners have against Hiscox.

Mr. Elgazzar has transformed QUiVX into a multimillion dollar firm over the past decade

Personal injury attorneys serve clients in and around Orlando, Florida, in cases involving auto accidents, medical malpractice, defective products, wrongful death, and more

KetonX Discontinued and Pruvit's Exclusive Patent Rights Confirmed

Virgin opened personal lawsuits against shocked and distressed key employees of VIRGINIC calling them in Wyoming court an "alter ego" of VIRGINIC company itself. Then proceeded to bring to suit 3 unrelated startups VIRGINIC managers used to work for.

Clay M. Kniepmann, JD, CPA, CFE, Kevin P. Summers, JD, CPA/ABV/CFF, CVA, CDFA, CEPA and Thomas E. Hilton, MSF, CPA/ABV/CFF, CVA, CGMA are speaking at the Missouri Society of Certified Public Accountants (MOCPA) Fraud & Forensic Accounting Conference on November… Read More

The post Forensic and Litigation Services Group Speaking at MOCPA Fraud & Forensic Accounting Conference appeared first on Anders CPAs.

Civil Division (CIV)
Office of Vaccine Litigation
Washington, District of Columbia

Interns work closely with attorneys and paralegals on substantive matters in all stages of litigation. Indeed, the position offers a unique experience in public service. The legal and medical issues at stake in each case vary greatly. Attorneys and staff in the group handle heavy case loads, and while streamlined procedures are utilized, cases frequently involve complex liability and damages issues. The Group is obliged to ensure that the Vaccine Trust Fund, from which damage awards are paid, is protected and, where eligibility criteria are met, that fair compensation is distributed to those whom Congress has intended. Attorneys appear frequently before the U.S. Court of Federal Claims and before the U.S. Court of Appeals for the Federal Circuit, which affords interns the opportunity to gain experience in trial and appellate practice.

For the Fall semester, interns should be able to start in early September. For the Spring semester, interns should be able to start by early January. We accept both full and part-time students during the academic year, and ask that all interns commit to at least 16-20 hours a week, for approximately 12 weeks. Interested candidates may be offered the opportunity to continue their service into the Summer.

Civil Division (CIV)
Office of Immigration Litigation- District Courts Section
Washington, District of Columbia

Volunteer Legal Interns will be assigned to one of OIL-DCS’s six litigation teams. Responsibilities may vary depending upon an intern’s time commitment, but will generally include conducting legal research, preparing memoranda, and providing other litigation support. Under the supervision of an attorney-mentor, Volunteer Legal Interns typically draft motions to dismiss, motions for summary judgment, oppositions in substantive or procedural matters, appellate briefs, or complaints in affirmative denaturalization cases. Interns will also be expected to prepare and deliver a mock oral argument on of their assigned cases before a panel of subject-matter experts. Any Department-wide or internal trainings offered will also be made available for Volunteer Legal Interns to attend.

Newly published FOIA Litigation and Compliance Report details a range of efforts by OIP to encourage government-wide compliance with the FOIA, including new policy guidance, robust government-wide training, and other open government initiatives.