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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

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. This blog provides a preliminary analysis of the decision in Minister for the Environment v.

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Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State. 2] (2021) 7 NWLR (Pt. 1776) 535. [3]

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IEA v. Brazil: When a court accepts the legally disruptive nature of climate change

ClimateChange-ClimateLaw

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. The decision may have gone unnoticed. IEA appealed the transfer decision to the federal appellate court (TRF4).

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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments

Conflict of Laws

Please also note that in the UK case , the Shanghai Maritime Court of China ruled to recognize and enforce an English judgment, marking the first time that an English monetary judgment has been enforced in China based on reciprocity. Each case has been reviewed and more details, such as the case numbers and causes of action, have been added.

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Anti-enforcement injunction granted by the New Zealand court

Conflict of Laws

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. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

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Cities, counties, and states score major procedural win in climate liability suits against fossil fuel companies

ClimateChange-ClimateLaw

Local and state government plaintiffs want the cases to remain in state court, where they argue that climate nuisance claims are similar to past state law-based efforts to hold companies accountable for misleading the public about their products’ harms, like those against tobacco companies. This requires an analysis of the claims themselves.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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