Introduction Attempts to squash public advocacy through fictional complaints are fun to read, until the potential of them being taken seriously sets in. On August 22, 2017, in the Western Division of North Dakota, Energy Transfer Partners (“ETP”) filed a complaint against Greenpeace and other environmental nonprofits for racketeering in violation of RICO, defamation, tortious
The importance of subject-matter jurisdiction is axiomatic in federal courts. Parties must either get to federal court via a federal question or on the basis of diversity of citizenship. Given the centrality of subject-matter jurisdiction, Federal Rule of Civil Procedure 12(h)(3) mandates that cases that lack subject-matter jurisdiction must be dismissed. Even when issues of
Without the class action, many consumers would have no practical remedy for damages suffered no matter how good a claim they may have. For instance, when a consumer believes he is sold a faulty Xbox 360 that damages his $30 videogame disc, it makes no sense for him to pay the $400 filing fee to
A missing comma caused much consternation over the meaning of a state’s employment laws at the First Circuit recently. In a March 13, 2017 decision, the appellate court worked overtime to analyze Maine’s Wage and Hour Law and a specific statutory exemption that would apply to drivers of enumerated food products. Specifically, this exemption noted that
In the wake of President Trump’s executive order banning immigration from seven Muslim-majority countries, millions of protestors took to the streets across the country to voice their concerns and grievances involving Trump’s immigration stance. While Muslims and Muslim support groups are encouraged by and grateful for the support provided by protestors across the country, Republican
The recent election has brought the United States’ presidential voting system, the Electoral College, into the limelight. Through this system, each state is awarded a number of electoral votes based on its number of representatives in Congress. In all states except Maine and Nebraska, the presidential candidate who wins the popular vote in that state
Not long ago, the death of an actor also meant the death of his or her characters. If the actor died before filming was complete, there may have been no other choice but to scrap the movie altogether. Now, however, advances in technology have made it possible to digitally “resurrect” actors, thereby potentially saving both
From the seven-year old player on a Little League team to the Major Baseball League’s most decorated hitter, all baseball players have the same dream: to make it to Cooperstown, the illustrious Baseball Hall of Fame. Each year, the Baseball Writers’ Association of America votes on a list of eligible players for induction into the
There is a Russian proverb that reads: “If he beats you it means he loves you.” On January 27, 2017, Russia’s Parliament voted 380-3 to decriminalize domestic violence. This would remove criminal liability in cases where the violence does not cause “substantial bodily harm” and does not occur more than once a year. The rationale
Using celebrities to sell products is hardly a new or innovative practice. Throughout time, celebrities have endorsed almost every product imaginable, from clothing and makeup to cars, credit cards, food, and even milk. This practice has been so consistent over time because, put simply, it is effective: brands are willing to spend whatever it takes