This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
In Japan, climate litigation ( / Kiko soshou ) has been used to challenge the legality of the construction and operation of the coal-fired power plants and promote coal phase-out. This blog post provides an overview of those cases and the broader landscape of climate litigation in Japan. Sendai Power Station ). Kobe Steel Ltd.,
The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. By Yumeno Grace Nishikawa, LLM*.
WHAT IS A LITIGATION PARALEGAL? A litigation paralegal is someone who works under the supervision of an attorney who practices in criminal or civil litigation. A litigation paralegal assists the attorney with many case management duties, from the complaint through the trial and the appeal. Draft pleadings and discovery.
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. In Vanwinkle v. Thompson , No.
The topic is International TortLitigation in the Internet and Artificial Intelligence Era: An EU Approach. The seminar will be delivered by Professor Guillermo Palao from the Universitat de València, and will be held on Wednesday 27 April 2022, 3-4.30pm UK time , through MS Teams.
On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.
In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. Incomes rise as experience grows.
by Dennis Crouch In a recent decision, the Federal Circuit addressed several key issues in intellectual property litigation, including the scope of "absolute litigation privilege" under Illinois law, trade dress functionality, and the consequences of discovery sanctions. 2022-1817, 2022-1892 (Fed. Toyo Tire Corp.
The Mexican Academy of Private International and Comparative Law ( AMEDIP ) will be holding its annual XLV Seminar entitled “Private International Law in the conformation of a new international order” ( el derecho internacional privado en la conformación de un nuevo orden internacional ) from 16 to 18 November 2022.
M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. In Barrios v. Simpkins , No. This opinion was released three months after oral arguments in this case.
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.
When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. This opinion was released 3.5
The first issue of the Journal of Private International law for 2022 was released yesterday. F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?”
Edoardo Benvenuti , Research Fellow at the University of Milan, Climate change litigation e diritto internazionale privato dell’Unione europea: quale spazio per la tutela collettiva? Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?; Sweet & Maxwell, London, 2022, 2 voll.,
M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. Whether a plaintiff is considered a trespasser will greatly affect the potential duty owed by defendant, and anyone litigating this issue should read this opinion. . Day on Torts: Leading Cases in Tennessee Tort Law ?
M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. This case is accordingly an important read for anyone litigating a case that might implicate the TPPA. In Charles v. McQueen , No.
That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. I argued for the laws at the time of litigation. courts interpret choice-of-law clauses.
An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. The latest issue of RabelsZ has just been released.
VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?
They all used bankruptcy to try to get out of mass tort claims. [1] 8] The second step is to then transfer the tort liabilities into the new corporations. [9] 12] Johnson & Johnson Johnson & Johnson used the Texas two-step to avoid tort liabilities regarding its talc claims. [13] 12, 2022), [link] [2] Id. [3]
And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems.
.’ [4] Additionally, some judges, citing Article 1338 BW in Indonesia, regard the choice of foreign law as a contractual agreement not to resolve a dispute in the Indonesian courts, and many lawyers present a contract claim as tort. Anyone interested in choice of law will therefore be fascinated by this book. [1] 2] Penasthika (ibid).
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.
Our partner’s The Institute of Legal Secretaries and PAs are delighted to be offering live online classes , which start on Wednesday 26 January 2022. Unit 2: Law of Contract & Law of Tort. Unit 3: Civil Litigation Practice. The units are set out as follows: . Unit 1: English Legal System.
However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.
Boule , 596 U.S. _ (2022), the U.S. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). In Egbert v. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Border Patrol agent. Anderson v.
On 30 December 2022, China’s Standing Committee of the National People’s Congress issued the “Civil Procedure Law of the People’s Republic of China (amendment draft)”. Jurisdiction over cyber torts: With regard to cyber torts, Art. Jurisdiction over cyber torts: With regard to cyber torts, Art. 276, para.
” The court is also concerned that “the potential litigation explosion facilitated by a duty to prevent COVID-19 infections in household members would place significant burdens on the judicial system and, ultimately, the community.” 2022) 601 F.Supp.3d Superior Court (2021) 73 Cal.App.5th
Hdeel Abdelhady , who teaches part-time in the areas of international trade and Islamic law, sued the university for a variety of torts, including allegations that counsel for the university made overtures to an administrative judge about securing a federal judgeship. That claim failed and the D.C. See Abdelhady v. 3d 896 (D.C.
It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Balaji [17].
Krapfl: The end of US discovery pursuant to Section 1782 in support of international arbitration The US Supreme Court held on 13 June 2022 that discovery in the United States pursuant to 28 U.S.C. While the decision is formally a procedural one, its most striking passages address substantive tort law.
The lawsuit commenced by the migrant workers from Nepal and Bangladesh is an example of business and human rights litigation against British multinationals for the damage caused in their overseas operations. Facts The proceedings were commenced in May 2022.
The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023.
In a 2022 press release introducing New York’s then-unprecedented Climate Superfund bill, one of the bill’s sponsors directly stated that the bill was inspired by source attribution research (specifically, research on carbon dioxide and methane emissions attributable to fossil fuel and cement producers).
If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. If we rewind the story a little bit, the non-governmental organizations (NGOs) stated above, firstly, served a formal notice to BNP on 26 October 2022 to stop supporting the development of fossil fuels.
Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.
Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.
E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. E2020-00755-COA-R10-CV (April 7, 2022) and Schrick v. E2020-00796-COA-R10-CV (April 7, 2022)). In Bibbs v.
The editors mourn the loss of Professor Peter Mankowski (1966–2022), who served as an editor of the ZVglRWiss from 2009 to his untimely death. Ekhator: Multinational Corporations, Accountability and Environmental Justice: The move towards subregional litigation in Africa. Knöfel (Viadrina). Here are the abstracts: Eghosa O.
E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v.
Kieninger : Climate Change Litigation and Private International Law. Hau : Personal involvement as a prerequisite for European tort jurisdiction at the centre of the plaintiff’s interests. The following article discusses the questions whether such divorces can be recognised according to Art.
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. Sharma and Others and its impact for climate litigation in Australia.
Coming off what S&P described as “a historically slow year in 2022,” the first two months of 2023 saw 111 corporations file bankruptcy petitions. Essentially, the Texas Two-Step refers to a legal maneuver in which a parent company transfers its tort liabilities to a spin-off entity that remains under the parent company’s control.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content