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UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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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. internal citation omitted).

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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. The same holds true for substantive law of evidence, including the specific rules on the burden of proof relating to a particular legal relationship. 1659 (2013), as well as Lubbe v. Procedural matters.

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Álvarez-Armas on potential human-rights-related amendments to the Rome II Regulation (II): The proposed Art. 6a; Art. 7 is dead, long live Article 7?

Conflict of Laws

112 ff of the 2019 Study requested by the DROI committee (European Parliament) on Access to Legal Remedies for Victims of Corporate Human Rights Abuses in Third Countries.). This is the second part of his contribution; a first one on the law applicable to strategic lawsuits against public participation can be found here.

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The Curious Ethical Case of Kevin Morris

JonathanTurley

Putting the personal invectives aside, Sullivan did offer a couple of details on the possible defense of Morris in a pending ethics complaint brought by a conservative legal group. This is also now the subject of a new bar complaint filed by a conservative legal group this week. Specifically, California Bar Rule 1.8.5(a) Mr. Morris.

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