During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Following City of Oakland v. BP, PLC (9th Cir. 2020) 969 F.3d 895, this decision holds that there is no federal subject matter jurisdiction over San Mateo's public nuisance suit against energy companies for promoting use of their fossil fuels thereby causing global warming and rising sea levels that threatened harm to county property. The county's state law claims do… Read More
This split decision holds that when the case is in federal court under their federal question jurisdiction, federal common law, rather than the law of the state or foreign country in which the contract was entered into, governs threshold questions of arbitrability, such as whether a nonsignatory to the arbitration agreement may enforce it through equitable estoppel. Under federal common… Read More
A party seeking to invoke federal admiralty jurisdiction over a tort claim must satisfy both a location test and a connection test. To satisfy the location test, the tort must occur on navigable waters, which means waters that by themselves or through connection with others form a continued highway over which commerce with other states or countries may be carried… Read More
The Securities Litigation Uniform Standards Act does not confer federal jurisdiction over a complaint alleging state law securities claims within the exception to SLUSA's general prohibition of state law securities class actions, except for the limited purpose of determining whether a putative class action is banned by SLUSA's general preclusion of such suits. Read More
