JURIST

APRIL 19, 2022

After Dunn tested positive for COVID-19 in the summer of 2021, he requested a religious exemption from the vaccine. The Department of Defense required all active-duty and reserve members to be immunized against COVID-19 in August 2021. The US Court of Appeals for the Ninth Circuit denied Dunn’s request for an injunction.

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Court Rules Court Litigation Litigating 104

Patently O

MAY 3, 2021

20-1396 (Supreme Court 2021). Rather than reaching the merits, the district court dismissed the case on procedural grounds. The district court ruled that Tormasi lacked the capacity to sue and the Federal Circuit then affirmed. by Dennis Crouch. Western Digital , Docket No. Tormasi is also a patentee. Does Lewis v.

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Statute Court Court Rules Litigation 124

ClimateChange-ClimateLaw

DECEMBER 22, 2022

As noted at the end of last year, 2021 was significant for climate litigation, with several decisions worldwide providing a fresh look at stakeholder responsibility for climate change. In June 2022, the Prague Municipal Court ruled in Klimatická žaloba ČR v. By Maria Antonia Tigre. Photo by Matt Palmer on Unsplash.

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SCOTUSBlog

MARCH 23, 2022

In a one-sentence order , the justices declined to toss out a Wisconsin Supreme Court ruling that adopted the governor’s map for those districts. Like other election-law disputes before the court recently, the dispute over Wisconsin’s state legislative districts, Wisconsin Legislature v. The state legislative maps.

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JURIST

DECEMBER 17, 2021

The Supreme Court of Canada announced Thursday they would hear the appeal of a lower court ruling that re-implemented Canada’s Safe Third Country Agreement (STCA) with the United States. The Supreme Court’s hearing has not yet been scheduled.

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ClimateChange-ClimateLaw

APRIL 9, 2024

In a transformative moment for European and global climate litigation, the European Court of Human Rights (ECtHR) ruled today that the state has a positive duty to adopt, and effectively implement in practice, regulations and measures capable of mitigating the existing and potentially irreversible future effects of climate change.

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Litigation Litigating Court Government 138

ClimateChange-ClimateLaw

APRIL 8, 2022

The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about? In Neubauer, et al.

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LawTechnologyToday

NOVEMBER 24, 2021

The ABA 2021 Legal Technology Survey Report analyzes hardware firms are currently using, the utilization of e-books by firms, and provides a multitude of analyses around software. In 2021, 53% of respondents responded that their laptop was their primary work device, compared to 44% reporting that a desktop computer was their primary device.

Technology 100

Technology Metadata Attorney Project Management 100

Constitutional Law Reporter

FEBRUARY 23, 2021

S. _ (2021), the U.S. Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. The justices remanded the case back to the lower court to consider the latter argument. Philipp , 592 U.

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Court Rules Court Government Laws 89

The Crime Report

JULY 27, 2022

Tens of thousands of people serving punishments for felony convictions in North Carolina but who aren’t behind bars can now register to vote and cast ballots following an appeals court ruling, reports the Associated Press. Felons who aren’t in prison or jail will be able to vote starting with the November general election.

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ClimateChange-ClimateLaw

OCTOBER 12, 2021

The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). Recent Developments on rights-based climate litigation.

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Litigation Litigating Government Court 95

LexForti

JANUARY 21, 2022

This article discusses the scope and growth of litigation finance in India. Concept of Litigation Finance. In other words, the third party has a vested interest in the outcome of judicial or arbitral adjudication but is a stranger to the litigant’s claim itself. Legal Evolution of Third Party Litigation Funding in India.

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ClimateChange-ClimateLaw

MARCH 6, 2025

This blog post discusses the case and its implications for future climate litigation and policy in Czechia. The Court thus examined whether the Czech Republic was complying with this obligation. However, the Court noted that nothing prevents Czechia from setting more ambitious climate goals. percent reduction by 2030.

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Litigation Litigating Government Court 59

Conflict of Laws

OCTOBER 16, 2021

In a judgment rendered on 16 September 2021, the Italian Supreme Court ( Corte di Cassazione ) reversed a decision from the Court of Appeal of Rome, which had denied recognition and enforcement of a monetary judgment issued by the Royal Court of Guernsey, due to a breach of the fundamental rights of defence allegedly occurred in the proceedings.

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Conflict of Laws

MARCH 16, 2025

This article gives a glimpse of how Chinese courts handle asymmetric choice of court agreements in international and commercial civil litigations. [4] Characterization Chinese courts have demonstrated mainly four different views in characterizing asymmetric choice of court agreements. 5] In Hang Seng Bank Ltd.

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Attorney at Work

JUNE 22, 2022

QUESTION: I’ve represented an individual client for almost 20 years in various transactional and litigation matters. In addition, rules of procedure in litigation sometimes provide that minors or persons with diminished capacity must be represented by a guardian or next friend if they do not have a general guardian.

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Lawyer Lawyers Attorney Legal 258

Patently O

MARCH 19, 2021

Chao was a patent attorney and patent litigator for 20 years before becoming a professor and I have long valued his insight. Judge Alan Albright’s court in the Western District of Texas is rapidly becoming the latest hot spot for patent litigation. Jonas Anderson & Paul R. The patent world has been abuzz about the $2.18

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Attorney at Work

SEPTEMBER 30, 2022

By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. Now, fast-forward to 2021. There’s a narrow strip of land nestled in the South Bay of Los Angeles. A Case Study in Judicial Analytics.

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JonathanTurley

SEPTEMBER 9, 2021

I discuss this type of failure to protect public forums in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States , 45 Harvard Journal of Law and Public Policy (2021). 19-CV-03605 (NSR), 2021 WL 2856515, at *6 n.4 July 7, 2021). See also id., ” Colon v.

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Court Rules Court Laws Government 53

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. Oil spill in Nigeria and litigation in The Hague courts. Human rights litigation and Rome II.

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Conflict of Laws

MARCH 12, 2024

The next steps in the TikTok collective action The collective action against TikTok that was brought before the Amsterdam District Court under the Dutch WAMCA in 2021. In an earlier blogpost we reported that the Amsterdam District Court ruled that it had international jurisdiction under the Brussels I-bis Regulation and the GDPR.

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Litigation Litigating Court Finance 52

The IP Law Blog

AUGUST 19, 2021

Here’s the question: Should the district court for the Western District of Texas grant the motions to transfer? But that is not what the district court did. In In Re Samsung Electronics and LG Electronics, 2021 U.S. On that basis, the court ruled that the defendants had not satisfied their burden for transfer.

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Technology Court Litigation Litigating 98

SCOTUSBlog

OCTOBER 10, 2023

The challengers counter that the lower court simply applied the Supreme Court’s cases holding that it is unconstitutional to use race as the primary factor to sort voters, even for partisan purposes. Background In 2021, the South Carolina legislature adopted a new map for the state’s seven seats in the U.S.

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Court Court Rules Litigation Litigating 111

SCOTUSBlog

MARCH 7, 2022

4, 2021, likely would have allowed Republicans to pick up two seats in the state’s congressional delegation – giving them as many as 10 of the state’s 14 seats. Non-profits and a group of mostly Democratic voters challenged the map in state court as an illegal partisan gerrymander that violated the state’s constitution.

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JURIST

AUGUST 10, 2023

The instant case arose from a petition filed by five Hindu women in August 2021 before a Varanasi Civil Court seeking the right to worship Hindu idols located inside the mosque complex. Based on this contention of the Hindu side, the district court ruled that the Act of 1991 doesn’t bar the instant case.

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Conflict of Laws

AUGUST 30, 2021

Furthermore, the Court clarified its case law on the thorny issue as to what extent evidence obtained by public authorities based on their powers may turn the litigation into a public law dispute. The article discusses a court ruling of the Higher Regional Court of Hamm on jurisdiction concerning the “Diesel emission scandal”.

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Contract Tort Court Litigation 52

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Second, the court found no “significant conflict” between any “concrete and specific” federal policy or interest and the application of Hawai‘i law. Third, the court found that at this stage of the litigation the defendants had made “no concrete showing that a damages award in this case would somehow regulate emissions.”

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ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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ClimateChange-ClimateLaw

SEPTEMBER 21, 2022

The NZS was adopted in October 2021 under s.13 This was a great achievement for the advancement of equality claims in climate litigation. In a landmark victory for climate justice, the court ruled that the Government had not complied with s.13 14 of the Climate Change Act 2008 ( CCA ). 14 of the CCA.

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ClimateChange-ClimateLaw

DECEMBER 13, 2022

In March 2021, ORES promulgated regulations to implement the new siting process, which the Town of Copake challenged as violating SEQRA, the State Administrative Procedure Act, and the home rule provisions of Article IX of the State Constitution and as being ultra vires.

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Law Firm Law Firms Laws Court Rules 52

Constitutional Law Reporter

APRIL 26, 2021

On April 9, 2021, the U.S. Supreme Court ruled in Tandon v. S. _ (2021) that California’s COVID-19 restrictions on religious gatherings in homes likely run afoul of the First Amendment’s Free Exercise Clause. Newsom , 593 U. Facts of the Case. Citing Judge Gorsuch in South Bay United Pentecostal Church v. Newsom, 592 U.

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At the Lectern

APRIL 30, 2021

Because of the differences between the rule’s language on the one hand and the administrative order and the new rule commentary on the other, it would not be surprising if a sizable number of lower courts and litigants overlooked the changes because they read only the rule’s text.

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LawSites

MARCH 22, 2022

A commercial litigation attorney with the firm Meyer Capel P.C. In 2021, the conference attracted almost 700 attendees from across the nation and even drew international attendees. . Champaign, Ill., She was Miss Illinois 2002 and Miss America 2003.

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Law School Education Legal Legal 52

Fordham Law News

APRIL 21, 2022

6] The law was struck down partially by the United States Supreme Court, which held that the “scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.” [7] 2482 (2021) (citing In re Murchison, 349 U.S. 50001, 2021 Leg., 25, 2021). [15]

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Patently O

MARCH 15, 2023

The court did separately reverse a tertiary challenge to allow Apple to proceed on a claim related to the note-and-comments procedure of the APA. Apple and other repeat players in patent infringement litigation often use the inter partes review process under 35 U.S.C. §§ 311–319 to challenge the validity of asserted patents.

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Statute Litigation Litigating Court 64

Conflict of Laws

JUNE 30, 2022

As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications, including examination criteria, refusal grounds, and an ex ante internal approval mechanism. However, this situation is now changed.

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Punitive Damages Court Civil Law Legal 52

Conflict of Laws

SEPTEMBER 30, 2024

Another noteworthy case is In re Shanghai International Corporation (2021) Hu 03 Xie Wai Ren No.1, 1, [14] where the Shanghai Third Intermediate People’s Court ruled to recognize the Tokyo District Court’s decision to commence civil rehabilitation proceedings and the order appointing the supervisor.

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