Conflict of Laws

AUGUST 24, 2022

On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2022 List of China’s Cases on Recognition of Foreign Judgments is available here. Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*.

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Compensatory Damages Punitive Damages Cause of Action Divorce 52

SCOTUSBlog

JUNE 4, 2024

This week, we highlight petitions that ask the court to consider, among other things, whether the 2nd Circuit’s decision in December granting the state an early-stage victory in the litigation ran afoul of the Second Amendment. But the court did not specify exactly what history courts must look to.

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Patently O

MAY 5, 2022

.” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including. The remedies that a potential small claims patent court would be able to. The legal effect of decisions of a potential small claims patent court; and.

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Court Court Decisions Litigation Litigating 111

The IP Law Blog

JULY 15, 2021

Since these Supreme Court decisions, the Court of Appeals for the Federal Circuit has applied this two-step test and issued a number of opinions as to whether a particular subject matter is patent-eligible. Explain how the current state of patent eligibility jurisprudence affects the conduct of business in your technology areas.

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Patently O

JANUARY 31, 2023

While previous versions of the dataset have been limited to merits decisions, this year we began including non-merits terminations as well. Currently, all non-merits terminations from 2022 are included in the dataset. We’ll be working backwards to add terminations from earlier years. But it is a drop from 2014-2020.

Litigation 72

Litigation Litigating Court Calendaring 72

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

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Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. Predictability is the core ambition, not a particular outcome in litigation. van Calster: Lex ecologia. Budzikiewicz/B.

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ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R 2022 Prague Municipal Court Decision.

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Litigating Litigation Government Court 40

FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation.

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Litigating Litigation Statute Manufacturing 59

Constitutional Law Reporter

DECEMBER 2, 2024

Facts of the Case The cases spring from more than two years of litigation, in which two separate groups of voters have challenged Louisianas congressional maps. In the first round of redistricting litigation, Robinson, et al v. In the first round of redistricting litigation, Robinson, et al v.

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ClimateChange-ClimateLaw

DECEMBER 23, 2024

City of New York began in 2022, when a group of cooperative apartment owners filed suit seeking to invalidate Local Law 97. The initial complaint, which brought five claims challenging Local Law 97s lawfulness, was dismissed by the trial court. Glen Oaks Village Owners v.

Laws 58

Laws Court Litigating Litigation 58

Patently O

AUGUST 18, 2022

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.

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Litigation Litigating Court Statute 75

Conflict of Laws

JUNE 7, 2022

The first issue of the Journal of Private International law for 2022 was released yesterday. The aim of this article is to explore the issue of how the proposed convention shall address conflicts of jurisdiction in international litigation.

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NewmanFerraraLLP

NOVEMBER 2, 2022

Interestingly, the litigation was dismissed as the district judge was of the view it was for the U.S. On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief.

Construction 52

Construction Court Decisions Litigation Litigating 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 decision has since been followed by many Indonesian judges. 3] Judgment of the Supreme Court 1537K/PDT/1989, 21 January 1991. [4] 2] Penasthika (ibid). [3]

Contract 52

Contract Laws Civil Law Procedural Law 52

At the Lectern

JULY 24, 2024

Quach is expected to decide whether California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remains valid after the United States Supreme Court decision in Morgan v. 2022) _ U.S. _ [142 S.Ct. The court granted review in August 2022.

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Patently O

AUGUST 19, 2022

18, 2022 ). At times, a court can look to other relevant evidence, but only when the ANDA filing fails to “speak clearly and directly to the question of infringement.” ” Rather, the court assumes that the ANDA filer will “act in full compliance with its representations to the FDA.” Eagle Pharm.,

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Court Court Decisions Litigation Litigating 87

Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

Litigating 61

Litigating Litigation Statute Court 61

ClimateChange-ClimateLaw

NOVEMBER 22, 2022

In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter of human rights and calling on the Indonesian government to take stronger action. Millions of Indonesians cautiously await its decision. The human rights complaint.

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Patently O

SEPTEMBER 21, 2022

In its 2022 Caltech decision, the Federal Circuit overturned its prior Shaw precedent and found that the estoppel broadly applies to all claims challenged in an IPR and all grounds “which reasonably could have been asserted” against the petitioned claims. 2022) (“Caltech”). 2022) (“Caltech”).

Statute 58

Statute Construction Litigation Litigating 58

Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3]

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Conflict of Laws

JUNE 1, 2024

Alex Mills, Sustainability and jurisdiction in the international civil litigation market The sustainability of the global economy, particularly in response to the concerns of climate change, is an issue which impacts many different aspects of life and work around the world.

Laws 69

Laws Divorce Diligence Family Law 69

At the Lectern

MAY 1, 2024

California Commerce Club : Does California’s test for determining whether a party has waived its right to compel arbitration by engaging in litigation remain valid after the United States Supreme Court decision in Morgan v. 2022) _ U.S. _ [142 S.Ct. The court granted review in August 2022. Sundance, Inc.

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Calendaring Entertainment Court Statute 45

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. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigation 52

Constitutional Law Reporter

MAY 14, 2024

105 (2001), the Supreme Court recognized that §1 is limited to transportation workers. The Court revisited the scope of the residual clause in Southwest Airlines Co. 450 (2022). All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’” Adams , 532 U.S. Saxon , 596 U.S.

Contract 52

Contract Court Construction Constitutional Law 52

Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

Statute 52

Statute Diligence Court Constitutional Law 52

FDA Law Blog

JUNE 19, 2023

Take for example FDA’s Unified Agenda announcement for ISO 13485 harmonization, which first occurred in the Spring of 2018 and was re-issued until a proposed rule was published in early 2022 (see our post here ). Raimondo , FDA may also lose the shield of Chevron deference in any litigation.

Calendaring 56

Calendaring Legal Legal Court Decisions 56

ClimateChange-ClimateLaw

MAY 31, 2024

The last of these cases was the first climate case in the form of administrative litigation. Thus, the court’s approach effectively means that no plaintiff will have standing in any climate change litigation. In July 2022, the United Nations declared the right to a clean, healthy sustainable environment.

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Court Construction Government Court Decisions 63

Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.

Divorce 52

Divorce Laws Court Contract 52

Conflict of Laws

SEPTEMBER 4, 2023

Schütze: Security for costs of english plaintiffs in Austrian litigation The judgment of the Austrian Supreme Court (Oberster Gerichtshof – OGH) of 29 March 2022 deals with the obligation of English plaintiffs to provide security for costs according to sect. 57 Austrian Code of Civil Procedure.

Procedural Law 69

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Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Breaking) News From The Hague: A Game Changer in International Litigation? Explanatory Reports.

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Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

Contract 64

Contract Court Statute Court Decisions 64

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Breaking) News From The Hague: A Game Changer in International Litigation? Explanatory Reports.

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Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Biresaw, Samuel Maigreg. Cong, Junqi.

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FDA Law Blog

JANUARY 11, 2022

The Federal Circuit twice reversed the District Court decision at issue in GSK v. Hikma was filed in November 2020 after the Court’s first decision issued in October 2020.) Teva , but Amarin v.

Court 52

Court Manufacturing Court Decisions Litigation 52

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Breaking) News From The Hague: A Game Changer in International Litigation? Explanatory Reports. Cai, Ya-qi.

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Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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