Tag Archives: Remedy

New Ruling by Florida Supreme Court Gives A Remedy For Biological Fathers in Paternity Cases

In Simmonds v. Perkins, No. SC17-1963 (Fla. 2018), the Florida Supreme Court decided to take up the question of whether a biological father is entitled to rebut the common law presumption that the mother’s husband is the legal father of … Continue reading

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Still No Judicial Remedy For Climate Change — Don’t Expect Advocates To Stop Trying

On Monday, Judge William Alsup dismissed the public nuisance case brought by the City of Oakland and the State of California against five major oil companies.  The suit sought payment of damages into a fund to be used for necessary … Continue reading

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Martinez v Urena, 2018 WL 2451199 (EDNY, 2018)[Dominican Republic] [Return remedy] [Enforcement]

        In Martinez v Urena, 2018 WL 2451199 (EDNY, 2018) Petitioner moved the Court for an order directing the parties’ twin boys be returned to the Dominican Republic in accordance with a stipulation of settlement which was … Continue reading

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Wilmington Trust, N.A. v. Rob (5th Cir 2018) Fifth Circuit recognizes that acceleration of maturity is a harsh remedy, and that equitable constraints apply

"Because Wilmington Trust failed to meet its burden to show clear and unequivocal notice of intent to accelerate prior to filing suit, it is not entitled to a foreclosure judgment."Fifth Circuit makes Erie guess, says Texas Supreme Court would hold … Continue reading

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Chevron as Remedy

Andrew F. Hessick, Remedial Chevron, 96 N.C. L. Rev __ (forthcoming 2018), available at SSRN. Caprice Roberts What’s not to love about a remedies approach to solving an Administrative Law problem? Professor Andrew Hessick’s forthcoming article, Remedial Chevron, aims to … Continue reading

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