Conflict of Laws

AUGUST 30, 2023

11-116 (available here ) Arslan, Ilyas “The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Uluslararasi Ticaret ve Tahkim Hukuku Dergisi 10 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation? 166-172 (available here ) Brand, Ronald A.

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Drafting Laws Litigation Litigating 98

Conflict of Laws

APRIL 4, 2023

11-116 (available here ) Arslan, Ilyas “The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Uluslararasi Ticaret ve Tahkim Hukuku Dergisi 10 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation? 166-172 (available here ) Brand, Ronald A.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court. That procedure was not immediately apparent.

Court 69

Court Laws Statute Litigation 69

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.

Construction 111

Construction Government Legal Legal 111

Conflict of Laws

APRIL 20, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). . University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

“The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Les Zones d’ombre de la Convention de La Haye du 2 Juillet 2019”, Revue Internationale de Droit Comparé (RIDC), 73 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

11-116 (available here ) Arslan, Ilyas “The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Uluslararasi Ticaret ve Tahkim Hukuku Dergisi 10 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation? 166-172 (available here ) Brand, Ronald A.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

DECEMBER 7, 2021

Update of 7 December 2021: New entries are printed bold. Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Explanatory Reports. Chen, Wendy.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

SEPTEMBER 28, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

NOVEMBER 23, 2021

Update of 20 November 2021: New entries are printed bold. Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Explanatory Reports. Cong, Junqi.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021 ; available here ). University of Pittsburgh Law Review 82 (2021), pp.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 1] Civil Procedure Rules 2006 (ACT) div 6.8.9;

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Court Prima Facie Case Statute Cause of Action 40

FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. 22, 2021) [hereinafter Slip Op.], It did that by focusing on the text of the statute. Indeed, the first (and very succinct) point in the Court’s analysis of the statute is that “the language [of §13(b)] refers only to injunctions.” Id.

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Court Statute Punitive Damages Government 40

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

Immigration 52

Immigration Court Rules Court Entertainment 52

Conflict of Laws

AUGUST 30, 2021

Arguments from the lack of a full-fledged forum societatis might weigh in, as do arguments from the realm of European private law or possible consequences for jurisdiction clauses in company statutes. The article discusses a court ruling of the Higher Regional Court of Hamm on jurisdiction concerning the “Diesel emission scandal”.

Contract 52

Contract Tort Court Litigation 52

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. Concluding Remarks.

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Laws Court Contract Legal 98

Conflict of Laws

OCTOBER 28, 2022

The burden that this decision places on the professional counterparty – the risk of foreign litigation even if the matter was purely domestic at the time the contract was concluded – seems reasonable, as choice of forum agreements (Art. The act came into force on 1 January 2021. 3 Lugano II) remain possible as a means of protection.

Contract 52

Contract Laws Government Court 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. and non-U.S. Zepeda , No.

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Court Government Litigation Litigating 54

Patently O

MARCH 24, 2022

Guest post by Nina Mendelson , Following one Supreme Court decision posing dangers for the integrity of all sorts of agency adjudication, the ongoing litigation in Arthrex v. 1) The litigation background. In that capacity, Hirshfeld denied review of the PTAB decision invalidating Arthrex’s patent claims on October 15, 2021.

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Statute Court Litigation Litigating 76

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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Demurrer Attorney Litigation Litigating 52

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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Cause of Action Court Tort Civil Law 40

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102. Trimble ␣ 315 Mo.

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Tort Litigation Litigating Manufacturing 46

SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v.

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Compensatory Damages Court Education Court Rules 140

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. 3, 2021); Vecinos para el Bienestar de la Comunidad Costera v. 20, 2021), No. By Margaret Barry and Korey Silverman-Roati.

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Litigation Litigating Court Laws 40

SCOTUSBlog

JANUARY 6, 2022

Moreover, the administration adds, Congress not only envisioned that OSHA might require immunizations to protect workers, but in the American Rescue Plan of 2021, it also instructed OSHA to use its authority to protect workers from COVID-19 – and even appropriated funds for it to do so.

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Court Government Healthcare Drafting 143

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. Here is the column: With the arrival of Halloween, little children and litigators will again celebrate their favorite holiday.

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Tort Lawyer Lawyers Personal Injury Lawyer 43

SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Read past years’ remembrances: 2021 , 2020. Jackson Women’s Health Organization , David Beckwith published the original Supreme Court abortion leak.

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Court Lawyer Lawyers Law School 87

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

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. Circuit Vacated Trump EPA’s Affordable Clean Energy Rule. On January 19, 2021, the D.C. On January 15, 2021, the D.C.

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Court Reporting Court Construction Government 54

ClimateChange-ClimateLaw

MARCH 9, 2021

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. With respect to federal-officer jurisdiction, the district court noted that this case was similar to County of San Mateo v.

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Court Litigation Litigating Construction 57

ClimateChange-ClimateLaw

JUNE 8, 2021

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. The Court’s decision concerned the interpretation of 28 U.S.C. May 17, 2021). May 24, 2021); Suncor Energy (U.S.A.)

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

AUGUST 4, 2021

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. Spokane County District Court , No. July 15, 2021). July 1, 2021). July 19, 2021). July 16, 2021).

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Court Litigation Litigating Government 40

JonathanTurley

DECEMBER 31, 2022

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex. Johns Cnty.,

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Sports Court Court Rules Drafting 54

JonathanTurley

FEBRUARY 20, 2021

Accordingly, the federal court in New York had to decide where how Virginia courts would likely rule on the “place of the wrong” in this multistate defamation case. It ruled that the Virginia courts would likely apply the California law. The jurisdictional question was a poison pill finding for the litigation.

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Tort Cause of Action Laws Court 32

SCOTUSBlog

OCTOBER 4, 2021

As expected, the justices did not add any cases to their docket for the 2021-22 term; those grants came last week. Intratek Computer , the government will weigh in on the effect of a federal whistleblower statute on an arbitration agreement between an employer and its employee. A three-judge district court ruled that D.C.

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Court Law Firm Law Firms Lawyer 98

JonathanTurley

JANUARY 19, 2022

On October 5, 2021, the site Above the Law ran a story by Senior editor Kathryn Rubino about what she described as a vehemently racist law student who was given a prestigious clerkship by William H. chief judge of the United States Court of Appeals for the Eleventh Circuit. Clanton would face some challenges in pursuing any litigation.

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Laws Tort Court Diligence 34