SCOTUSBlog

APRIL 25, 2025

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists.

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Court Government Tort Laws 78

Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52

Laws Tort Contract Court 52

ClimateChange-ClimateLaw

MAY 30, 2024

Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation. This is likely to impact the success rate of litigation claims, since the clearer an obligation is in its scope and nature, the more likely it is that non-compliance is sanctioned.

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Drafting Litigation Litigating Diligence 59

Conflict of Laws

FEBRUARY 19, 2024

Edoardo Benvenuti , Research Fellow at the University of Milan, Climate change litigation e diritto internazionale privato dell’Unione europea: quale spazio per la tutela collettiva? Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?;

Healthcare 69

Healthcare Litigation Litigating Tort 69

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

DECEMBER 12, 2020

The Court, thereafter, held the hearings on 26 July and 12 October of 2018 respectively, and publicly pronounced the judgement on 4 December 2020. [6] In international civil litigation, many cases involve a foreign defendant not domiciled or residing within China. Email: zhengxinh@cupl.edu.cn. Introduction.

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Laws Court Contract Legal 98

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc. 3d 804 (Ill.

Laws 52

Laws Personal Injury Litigation Litigating 52

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

JonathanTurley

JUNE 2, 2022

The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S. In April 27, 2020, Waldman told the U.K. There are a number of novel elements to this defamation case. However, it was Heard’s verdict that struck me most as particularly noteworthy. See Kennedy v.

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Punitive Damages Tort Lawyer Lawyers 49

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. The IBA issued a “Climate Crisis Statement” in 2020 that builds on the ABA resolution.

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Lawyer Lawyers Law Firms Law Firm 129

Conflict of Laws

JANUARY 4, 2021

Senior judges have repeatedly noted the excesses of the Spiliada regime, in terms of the time, expense and judicial resource spent in litigating questions about the appropriate forum (see, most recently, Lord Briggs in Vedanta Resources Plc v Lungowe [2019] UKSC 20, [6]-[14]), yet they and the rule makers have done little or nothing about it.

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Laws Legal Legal Contract 91

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts.

Court 52

Court Tort Cause of Action Litigation 52

SimplyLawJobs

SEPTEMBER 13, 2021

Unit 2: Law of Contract & Law of Tort. Unit 3: Civil Litigation Practice. by DebbieH | Dec 31, 2020 | Graduates , Recruiters There is no denying the fact that working with recent graduates can be taxing, especially in the legal sector. The units are set out as follows: . Unit 1: English Legal System.

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Legal Secretary Legal Legal Law Firms 70

Conflict of Laws

JANUARY 2, 2023

The amendment draft provides proceedings may be brought before the courts “where the contract is signed or performed, the subject matter of the action is located, the defendant has any distrainable property, the tort or harmful event occurred, or the defendant has any representative office” (Art. 276, para. 276, para. 285, para.

Drafting 52

Drafting Contract Tort Litigation 52

Conflict of Laws

AUGUST 30, 2021

In this contribution, it is shown that unilateral approaches – such as the EU Parliament has suggested (P9_TA-PROV(2020)0276) – are unnecessary and detrimental. The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement.

Contract 52

Contract Tort Court Litigating 52

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v. Dyer County Tennessee , No.

Cause of Action 59

Cause of Action Tort Court Statute 59

JonathanTurley

OCTOBER 16, 2021

22, 2020, posted the message accusing his former workplace and boss Stuart Gan of not paying retirement funds to all its workers: “Oh Stuart Gan!! Notably, this is not the first litigation over punctuation. In Australia, a court found that a real estate agent committed defamation due to the lack of an apostrophe.

Real Estate 51

Real Estate Court Rules Litigation Litigating 51

Conflict of Laws

JANUARY 30, 2024

Midori NARAZAKI, Climate Change Litigation and Private International Law: Review of the Hague District Court’s Judgment against Royal Dutch Shell Abstract: This paper analyzes a landmark decision by the District Court of The Hague on May 26, 2021, ordering Royal Dutch Shell to reduce its greenhouse gas emissions by 45% by 2030.

Laws 59

Laws Divorce Legal Legal 59

Conflict of Laws

JULY 9, 2021

12] Before and after the application, the defendant Sharp had brought tort claims arising from SEP (standard essential patent) licensing against OPPO by commencing several parallel proceedings before German courts, a Japanese court and a Taiwanese court. [13] See (2020) Yue 03 Min Chu No.689-1. The SPC’s injunction in Huawei v.

Court 52

Court Procedural Law Litigating Litigation 52

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. This fourth chapter summarises and analyses 19 Indonesian decisions from 2000 to 2020. A robust and clearly expressed methodology of doctrinal and empirical research is applied.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

DECEMBER 17, 2020

Special consideration is also given to such procedural law concepts as ‘forum selection clauses’, ‘ forum non conveniens ’, ‘ lis alibi pendens ’ and ‘limitations on jurisdiction’ as well as the substantive law topics of Contract, Torts, Foreign Currency Obligations, Bills of Exchange, Marriage, Matrimonial Causes and Administration of Estates.

Laws 52

Laws Stare Decisis Legal Legal 52

Conflict of Laws

DECEMBER 16, 2020

It is therefore submitted that Nigeria and the rest of the common law should join Canada in applying and developing a test that prevents presence or absence of a defendant from undermining the ends of justice in international litigation and, in particular, in the recognition and enforcement of foreign judgments. [1] 3] Oppong (n1 ) 320. [4]

Laws 52

Laws Court Cause of Action Litigating 52

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Balaji [17].

Finance 52

Finance Contract Litigating Litigation 52

Conflict of Laws

AUGUST 3, 2023

Specific jurisdiction in matters relating to tort will be of little use, as in value chain civil liability claims the place of the event giving rise to damages and the place of damage are usually outside the EU and within that third state. Norfolk Southern Railway Co., Specific jurisdiction will not exist in most cases, either.

Drafting 52

Drafting Diligence Procedural Law Court 52

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. The next scary moment is likely to be in the form of a torts complaint.

Tort 48

Tort Litigation Litigating Construction 48

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 46

Tort Litigation Litigating Construction 46

LawTechnologyToday

MAY 6, 2021

All crises saw a jump in litigation, a reduction in insurance companies willing to shoulder the risks, and soaring premiums (in the early 2000s, premiums nearly doubled). Looming Medical Malpractice Crisis. The previous medical malpractice crises occurred in the mid-1970s, mid-1980s, and early 2000s. and 1.2%, respectively.

Technology 97

Technology Healthcare Personal Injury Tort 97

Conflict of Laws

MARCH 18, 2025

Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original version can be found at Transnational Litigation Blog. Relying on an expert report on damages submitted by Missouri, the court found that between 2020 and 2051 Missouri either had lost or would lose $8.04

Tort 67

Tort Court Government Laws 67

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. quoting Nandigam ). Click on the link to see the book’s Table of Contents.

Tort 59

Tort Statute Attorney Litigation 59

JonathanTurley

DECEMBER 18, 2022

Angela Kogan, the owner of Perfection Plastic Surgery & MedSpa, will now have to go to trial to defend the use of the images on social media in an interesting case on the “right to publicity” in torts. ” While visiting Sunny Isles Beach on February 1, 2020, Jackson was approached by Kogan for a selfie.

Tort 47

Tort Entertainment Court Litigating 47

Intelligize Blog

APRIL 27, 2023

The news didn’t get any better in March, when the number of bankruptcies for that month reached the highest point since near the start of the Covid-19 pandemic in July 2020. The new entity then files for bankruptcy, shielding the assets of the parent company from litigants’ claims.

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Entertainment Tort Manufacturing Legal 70

Conflict of Laws

MAY 12, 2022

Where disputes crystallise into litigation, a court may be asked to consider what system of law should determine a particular issue. Litigation involving the companies behind Twitter is likely to engage courts’ long-arm jurisdiction. Disputes involving material on Twitter thus naturally include foreign elements.

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Laws Statute Litigation Litigating 98

ClimateChange-ClimateLaw

MARCH 21, 2022

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. Sharma and Others and its impact for climate litigation in Australia. Background on the claim.

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Litigation Litigating Court Personal Injury 40

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? litigation in U.S. Fossil, Inc.

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

Conflict of Laws

MARCH 22, 2022

In its judgment of 25 November 2020 (7 U 147/19), the Higher Regional Court of Brandenburg ruled on special jurisdiction regarding letters of comfort under Article 7 No. Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. 1 Brussels I Regulation. a and lit.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

DECEMBER 6, 2023

The ship departed Sydney on 8 March 2020, then returned early on 19 March 2020 after an outbreak. It is unsurprising then that Princess sought to defend the proceedings at a preliminary stage through litigation over where to litigate. The decision is significant not just for the litigants.

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Contract Laws Court Statute 72

JonathanTurley

JUNE 16, 2021

He also livestreamed his encounter with police on May 6, 2020 with the gun visible. 11, 2020, the NFL published a video a part of its “Say Their Stories” campaign featuring Reed. However, this is now a defamation action which could present significant challenges based on the elements for the tort.

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Tort Felony Court Laws 56