Patently O

JUNE 17, 2022

Litigants shouldn’t get to choose the judge who decides their case. Judge shopping, we’ve argued elsewhere , raises concerns about court bias and capture and can make litigation unnecessarily costly and inefficient. Google also won its only petition in 2022, bumping its grant rate up even higher, to 71.4%. of the time.

Court 116

Court Litigation Litigating Court Decisions 116

Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

Stare Decisis 131

Stare Decisis Court Decisions Litigation Litigating 131

ClimateChange-ClimateLaw

MARCH 6, 2025

This blog post discusses the case and its implications for future climate litigation and policy in Czechia. First Dismissal by the Supreme Administrative Court In February 2023, the Supreme Administrative Court of the Czech Republic overturned the Prague Municipal Courts decision and returned the case for further proceedings.

Litigation 59

Litigation Litigating Government Court 59

Broadcast Law Blog

OCTOBER 9, 2022

Circuit’s July 2022 ruling in National Association of Broadcasters v. FCC , which rejected the requirement that broadcast licensees independently check two federal databases to verify whether an airtime lessee is a “foreign governmental entity” (see our Broadcast Law Blog article on the Court’s decision here ).

Drafting 59

Drafting Construction Government Calendaring 59

ClimateChange-ClimateLaw

JULY 12, 2022

The first week of July 2022 brought on several major developments in climate litigation in the Netherlands, with possibly significant ramifications for a new type of global climate litigation. This “splash” of misleading advertisement cases (rather than a “wave”) seems to be a fairly new phenomenon in climate litigation.

Litigating 56

Litigating Litigation Court Legal 56

Conflict of Laws

MAY 19, 2023

65, 2022) of the Japanese Yearbook of International Law – published by the International Law Association of Japan – has been recently released. It features the following articles, case notes as well as English translation of some relevant court decisions relating to private international law. The latest Volume (Vol.

Punitive Damages 52

Punitive Damages Laws Family Law Court Decisions 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.

Laws 111

Laws Court Litigation Litigating 111

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*.

Compensatory Damages 52

Compensatory Damages Punitive Damages Cause of Action Divorce 52

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.

Court 111

Court Court Decisions Litigating Litigation 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.

Laws 109

Laws Technology Litigating Litigation 109

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.

Contract 10

Contract Tort Procedural Law Court 10

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.

Litigating 72

Litigating Litigation Court Calendaring 72

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.

Court 52

Court Litigation Litigating Court Decisions 52

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.

Litigation 59

Litigation Litigating Statute Manufacturing 59

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.

Litigation 75

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.

Laws 40

Laws Tort Drafting Litigating 40

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.

Calendaring 40

Calendaring Finance Court Decisions Litigation 40

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.,

Court 87

Court Court Decisions Litigating Litigation 87

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.

Government 80

Government Litigation Litigating Attorney 80

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.

Litigation 61

Litigation Litigating Statute Court 61

Conflict of Laws

AUGUST 22, 2023

The 2020 update and 2022 update were also posted on Conflictoflaws.net. Please note that in In re DAR (2022) Jing 01 Po Shen No. 786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 99 Trade Co. Ltd (2019) Jing 04 Xie Wai Ren No.3,

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

Conflict of Laws

SEPTEMBER 30, 2024

The 2020 update [2] , 2022 update [3] , and 2023 update [4] were also posted on Conflictoflaws.net. Case analyses have been aggregated under the country tags since 2022, so it is now easier to track down relevant cases, together with their information and analyses, in each country/region report.

Cause of Action 64

Cause of Action Divorce Lawyer Lawyers 64

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 Litigating Litigation 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]

Drafting 75

Drafting Court Laws Litigation 75

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

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 Litigating 52

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.

Calendaring 45

Calendaring Entertainment Court Statute 45

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

Conflict of Laws

FEBRUARY 26, 2025

Based on a litigation agreement pursuant to Sections 119b (2), 184a (3) of the German Courts Constitution Act on the first instance jurisdiction of the Commercial Court and on the conduct of proceedings in English, the article analyses details of the newly created procedural instruments and their implementation in practice.

Diligence 45

Diligence Contract Court Decisions Punitive Damages 45

Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. In Egbert v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. Border Patrol agent. Anderson v. Creighton , 483 U.S. 635 (1987).

Cause of Action 52

Cause of Action Court Tort Immigration 52

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.

Court 64

Court Construction Government Court Decisions 64

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

Procedural Law Court Legal Legal 69

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