Uniformity and jurisdiction in U.S. federal court tax decisions

Climate change threatens the rights of children. The UN just outlined the obligations states have to protect them

Retrieved on: 
Monday, August 28, 2023

And the humans to be most affected by climate catastrophe are the youngest ones: children.

Key Points: 
  • And the humans to be most affected by climate catastrophe are the youngest ones: children.
  • So what are the responsibilities of governments to reduce the harm climate change will wreak on the lives of children?
  • It clearly stipulates why and how the rights of children are compromised by climate change – including the very basic right to life.

A practical guide to help children

    • This is an international agreement on a broad range of human rights as they relate to children, including their health, education, development, best interests and living standards.
    • Rather, it’s a practical “how-to” guide to action.
    • This document will help children, young people and their advocates hold governments and others accountable for their decisions.

So what does the document say?

    • It states the “adverse effects of climate change” on the enjoyment of children’s rights “give rise to obligations of states to take actions to protect against those effects”.
    • By extension, this means children have a right to participate in the drafting of environmental policies or laws that will affect them.

1. Best interests of the child

    • A key principle of the treaty is the best interests of the child should be a primary consideration when making decisions on their behalf.
    • The general comment expands on this, saying:
      the best interests of the child shall be a primary consideration in the adoption and implementation of environmental decisions affecting children.
    • the best interests of the child shall be a primary consideration in the adoption and implementation of environmental decisions affecting children.

2. Protecting Indigenous children

    • The comment says states are obliged to ensure the right to life, survival and development of Indigenous children.
    • They are also expected to “engage with Indigenous children and their families in responding to climate change by integrating, as appropriate, Indigenous cultures and knowledge in mitigation and adaptation measures”.

3. Actions of the business sector

    • Where the impacts of a business cross national boundaries, governments are expected to ensure businesses operate at “environmental standards aimed at protecting children’s rights from climate-related harm”.
    • Governments should also protect the rights of children when implementing tax regimes and procuring goods and services from the private sector.

Facing up to the challenge

    • The UN committee articulates the responsibilities of states and details how children’s rights should be protected by all levels of government.
    • Read more:
      Thinking of having a baby as the planet collapses?

Rimini Street Statement on U.S. Federal Court Ruling

Retrieved on: 
Tuesday, July 25, 2023

While the U.S Federal Courts confirmed long ago that third-party software support is legal, the Rimini II litigation is related to the manner in which Rimini Street provides support services for certain Oracle product lines.

Key Points: 
  • While the U.S Federal Courts confirmed long ago that third-party software support is legal, the Rimini II litigation is related to the manner in which Rimini Street provides support services for certain Oracle product lines.
  • In addition to the key legal points where Rimini Street prevailed in Court, Rimini Street respectfully disagrees with several conclusions, findings, comments and rulings of the Court and plans to file an appeal.
  • Over the long history of litigation with Oracle, Rimini Street has filed multiple legal appeals, and to-date Rimini Street has prevailed to some degree in every appeal to the Ninth Circuit of the U.S. Court of Appeals and even achieved a rare, unanimous victory in the U.S. Supreme Court against Oracle.
  • Oracle lost 23 of 24 claims it pursued against Rimini Street in this case, with the jury finding that Rimini Street engaged in “innocent infringement” on the remaining claim.

1,002 New Red Hill Injury Claims Filed Over Navy Water Contamination: Just Well Law, PLLC, The Hosoda Law Group, and Motley Rice LLC

Retrieved on: 
Tuesday, June 20, 2023

Today, the military family members and civilians filed 1,002 required pre-litigation SF-95 administrative claim forms under the Federal Tort Claims Act (FTCA).

Key Points: 
  • Today, the military family members and civilians filed 1,002 required pre-litigation SF-95 administrative claim forms under the Federal Tort Claims Act (FTCA).
  • If their administrative claims are denied, they will join the pending federal-court lawsuit in Honolulu as soon as possible, the law firms said.
  • The case is Patrick Feindt, Jr., et al., v. The United States of America, Case No.
  • The Government filed a stipulation admitting negligence, nuisance and injury as to the plaintiffs in the Feindt lawsuit.

I helped expose insurers for denying medical claims. 15 years on, a court has found what they did is illegal

Retrieved on: 
Saturday, May 27, 2023

A court judgement handed down last Friday has delivered what years of promises from Australia’s life insurance industry have not – insurance that pays out on what it says it will.

Key Points: 
  • A court judgement handed down last Friday has delivered what years of promises from Australia’s life insurance industry have not – insurance that pays out on what it says it will.
  • I first raised the issue of outdated medical conditions within the insurance industry almost 15 years ago.

ASIC belatedly got tough

    • The banking royal commission was critical of ASIC’s performance in this area, and in 2021 ASIC commenced action against the insurer MLC for denying payouts to customers because it had failed to promptly update its definition for the insurance benefit of severe rheumatoid arthritis.
    • On May 18, Justice Moshinsky of the Federal Court found that MLC’s failure to promptly update the medical definition for severe rheumatoid arthritis had contravened the Corporations Act 2001.

Tight definitions quickly date


    There are generally four types of life insurance in Australia. The most common is death (or more euphemistically, “life”) insurance, which pays a benefit when a policyholder dies. The others are
    • More contentious are the definitions for total and permanent disability insurance and trauma insurance.
    • The problem with tightly and strictly-worded definitions is they can get out of date very quickly, whereas the policies they are written into can stay in place for decades.

Loopholes in the industry’s code

    • The new code due to come into effect in July 2023 continues to leave out existing customers, but adds a commitment that seems to offer new customers more.
    • Read more:
      New life insurance code riddled with loopholes

      The extra requirements include (and all of them are needed) joint deformity, and bilateral and symmetrical joint soft tissue swelling or fluid.

    • Friday’s judgement established that outdated medical definitions are a breach of the law regardless of the code, and have been for a long time.

SAR Closes on Capital Raise and Formalizes Board of Directors

Retrieved on: 
Tuesday, May 2, 2023

Anthem's investment provides SAR with long-term growth capital to execute on the organization's mission and innovation roadmap.

Key Points: 
  • Anthem's investment provides SAR with long-term growth capital to execute on the organization's mission and innovation roadmap.
  • SAR also welcomes Daven R. Shastri, Managing Partner of Anthem, to the newly created Board of Directors.
  • Shastri brings proven institutional investing experience to the board with tenures at Goldman Sachs and Diameter Capital Partners prior to founding Anthem.
  • Leading global insurance companies rely on the SAR Platform with integrated fit-for-purpose data analytics tools to protect publicly traded companies and their directors and officers.

SAR Closes on Capital Raise and Formalizes Board of Directors

Retrieved on: 
Tuesday, May 2, 2023

Anthem's investment provides SAR with long-term growth capital to execute on the organization's mission and innovation roadmap.

Key Points: 
  • Anthem's investment provides SAR with long-term growth capital to execute on the organization's mission and innovation roadmap.
  • SAR also welcomes Daven R. Shastri, Managing Partner of Anthem, to the newly created Board of Directors.
  • Shastri brings proven institutional investing experience to the board with tenures at Goldman Sachs and Diameter Capital Partners prior to founding Anthem.
  • Leading global insurance companies rely on the SAR Platform with integrated fit-for-purpose data analytics tools to protect publicly traded companies and their directors and officers.

Lithium Americas Reports 2022 Full Year and Fourth Quarter Results

Retrieved on: 
Friday, March 31, 2023

VANCOUVER, British Columbia, March 31, 2023 (GLOBE NEWSWIRE) -- Lithium Americas Corp. (TSX: LAC) (NYSE: LAC) (“Lithium Americas” or the “Company”) has reported financial and operating results for the fourth quarter and year ended December 31, 2022.

Key Points: 
  • VANCOUVER, British Columbia, March 31, 2023 (GLOBE NEWSWIRE) -- Lithium Americas Corp. (TSX: LAC) (NYSE: LAC) (“Lithium Americas” or the “Company”) has reported financial and operating results for the fourth quarter and year ended December 31, 2022.
  • Caucharí-Olaroz expects to ramp up in H2 2023 and reach full production rate of 40,000 tonnes per annum (“tpa”) of lithium carbonate by Q1 2024.
  • On February 16, 2023, the initial tranche of $320 million closed with GM’s purchase of 15 million Lithium Americas’ common shares at $21.34 per share.
  • The Technical Information in this news release has been reviewed and approved by Rene LeBlanc, PhD, SME, Chief Technical Officer of Lithium Americas, and a Qualified Person as defined by National Instrument 43-101.

FTX Group Notice Regarding Federal Court Filings and Communications

Retrieved on: 
Thursday, November 17, 2022

WILMINGTON, Del., Nov. 17, 2022 /PRNewswire/ -- FTX Trading Ltd. (d.b.a.

Key Points: 
  • WILMINGTON, Del., Nov. 17, 2022 /PRNewswire/ -- FTX Trading Ltd. (d.b.a.
  • FTX.com), and approximately 101 additional affiliated companies (together, "FTX Group"), today noted that filing voluntary petitions for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the "Federal Court"), FTX Group is operating under the jurisdiction of the Federal Court, and all company actions, including company transactions such as transfers and withdrawals, must be approved by the Federal Court.
  • FTX Group has established Kroll as its claims agent, and all official documents filed with the U.S. Bankruptcy Court can be found online at https://cases.ra.kroll.com/FTX/ .
  • FTX Group also noted that the only authorized and official Twitter account for the Company is @FTX_Official, and all social communications from FTX Group and its executives will be relayed exclusively through that account.

Hospitality Ventures Management Group (HVMG) Announces James J. Haggerty Named Vice President of Design & Development

Retrieved on: 
Monday, September 12, 2022

Hospitality Ventures Management Group (HVMG), an Atlanta-based, private hotel investment, ownership and management company, today announced that it named Jim Haggerty vice president of design & development.

Key Points: 
  • Hospitality Ventures Management Group (HVMG), an Atlanta-based, private hotel investment, ownership and management company, today announced that it named Jim Haggerty vice president of design & development.
  • Prior to joining HVMG, Haggerty most recently served as senior vice president of brand development with Atlantic City, N.J.-based Vivamee Hospitality.
  • He was also director of design & construction with Choice Hotels and vice president of capital management at Aimbridge Hospitality.
  • Hospitality Ventures Management Group is a privately owned, fully integrated hotel investment and management group that specializes in turning around and repositioning underperforming hotels, as well as maximizing the performance of stabilized hotels.

Citizen Group Sues Navy Over Red Hill Tanks Seeking Safe Defueling and Closure

Retrieved on: 
Tuesday, June 14, 2022

They are seeking an end to discharges to streams and harbors, safe defueling and closure, and civil penalties for past violations up to $56,460 per day, per violation.

Key Points: 
  • They are seeking an end to discharges to streams and harbors, safe defueling and closure, and civil penalties for past violations up to $56,460 per day, per violation.
  • The 144-acre Red Hill Fuel Storage Facility consists of twenty 1940s vintage underground storage tanks ("USTs") with a combined total capacity of 250 million gallons of petroleum-based fuel.
  • This collectively covers the Southern Oahu Basal Aquifer, which the Navy has acknowledged as irreplaceable and vulnerable to contamination.
  • While the Red Hill facility has been ordered to permanently close and halt operations, defueling and closure pose an even greater risk of spills, leaks, and discharges than current operations.