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Ontario court certifies class action for immigration detainees against Canada government for Charter violations

JURIST

The detention regime under IRPA has been regarded as Charter-compliant and constitutional since 2007 and affirmed in 2020. The Canadian Border Services Agency (CBSA) has statutory authority under Division 6 of the Immigration and Refugee Protection Act (IRPA) to detain foreign nationals and permanent residents in Canada.

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India: Supreme Court Holds That A Decree Or A Recovery Certificate Constitutes A Fresh Cause Of Action For IBC Proceedings - Khaitan & Co

Mondaq

Shivakumar Reddy and Anr, (Civil Appeal 1650 of 2020) has inter alia held that a final judgement. The Supreme Court in its recent decision in Dena Bank (now Bank of Baroda) v C.

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Australia High Court hears submissions on Cambridge Analytica data breaches

JURIST

The Australian Information Commissioner commenced the action against Facebook in the Federal Court in 2020 for data breaches committed in 2014 and 2015, which has been appealed to the High Court. As the case commenced in 2020, Facebook may be penalized under the previous regime.

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Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case

Day on Torts

The issue: Whether the affirmative defense of comparative fault is applicable to a negligent misrepresentation cause of action in which the conduct of the plaintiff constituting the basis for that defense also pertains to the justifiable reliance element of the negligent misrepresentation cause of action?

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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. When patient was discharged on August 24, 2020, he was told to follow up with his primary care physician, but on September 3, patient was taken to a wound treatment center. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

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Navigating Global Jurisdiction: The Indian Courts’ Approach to Online IP Infringement

Conflict of Laws

The test of “ Cause of Action” In online IP infringement cases, another ground for establishing jurisdiction revolves around determining the place where the cause of action arose. Thus, the court established the “tighter version of the effects test” for deciding the place of cause of action in online infringement matters.

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Territorial Jurisdiction relating to Succession and Administration of Estates under Nigerian Private International Law

Conflict of Laws

The private international law issue was whether the Gombe State High Court had territorial jurisdiction in this case, rather than the Kano State High Court where the defendant/appellant alleged the cause of action arose? The issue of where the cause of action arose was clearly irrelevant.