Law 360

JANUARY 5, 2024

Supreme Court ruling addressing states' jurisdiction over out-of-state companies and a key ruling in sprawling multidistrict litigation against Silicon Valley's biggest companies over social media addiction are among Law360's top personal injury and medical malpractice cases for 2023.

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JURIST

AUGUST 10, 2023

Last Friday, 4 August 2023 , the Supreme Court of India (SCI) refused to stay a “scientific survey” by the Archeological Survey of India (ASI) to determine whether a 17th-century mosque was constructed over a pre-existing Hindu temple. The District Court however rejected the plea on October 14, 2022.

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SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

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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. Consequently, the Court found that the defendants had been in default since December 18, 2020, when the UNFCCC Secretariat received an updated EU NDC. Consequently, the case was returned to the first instance court.

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JURIST

FEBRUARY 14, 2024

Federal Court Justice Henry Brown further wrote that the failure to fill judicial vacancies denies Canadians access to justice without delay, a constitutionally enshrined right. The Federal Court found that delays in filling judicial vacancies cause delays in prosecuting and resolving cases.

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Conflict of Laws

AUGUST 22, 2023

Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer * On 20 August 2023, China Justice Observer released the 2023 version of List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2023 List of China’s Cases on Recognition of Foreign Judgments is available here.

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LawSites

JANUARY 26, 2023

— Joshua Browder (@jbrowder1) January 21, 2023 In the case of the robot lawyer, it is hard to fathom how Browder could have been surprised to receive threats from bar officials. Most courts ban electronic devices in courtrooms, and it would have been hard to overlook a litigant wearing AirPods. Good morning!

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At the Lectern

JULY 2, 2024

The court’s opinion by Justice Carol Corrigan interprets a statutory scheme the court says creates “a highly structured process” that “aims to balance the rights of a proposed conservatee, the need to protect public safety and provide treatment, and the goal of properly litigating a commitment proceeding.”

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Conflict of Laws

FEBRUARY 26, 2023

The law creates two new specialised courts, namely the Commercial Court and Admiralty Court, focusing on commercial and maritime law disputes respectively. The courts were planned to open their doors on 1 January 2023.

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Conflict of Laws

JUNE 29, 2023

More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 7(1) of the Brussels Ibis Regulation.

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Conflict of Laws

MARCH 12, 2024

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. The settlement addressed issues very similar to those raised in this case, as explicitly outlined in the agreement.

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FDA Law Blog

SEPTEMBER 15, 2024

2140, the Patent Eligibility Restoration Act of 2023 (“ PERA Act ”). 2220, introduced by Senators Chris Coons (D-DE), Thom Tillis (R-NC), Richard Durban (D-IL), and Mazie Hirono (D- HI), as well as the August 2023 press release accompanying the bill’s introduction, the PREVAIL Act sounds pretty good on paper.

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Patently O

DECEMBER 11, 2023

2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions. The Office received roughly 10,000 comments on October 30, 2023. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. 8] See U.S.

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Conflict of Laws

SEPTEMBER 30, 2024

The 2020 update [2] , 2022 update [3] , and 2023 update [4] were also posted on Conflictoflaws.net. 2023) Gui 71 Xie Wai Ren No. 1, [13] a local Chinese court in Nanning, Guangxi Province, ruled to recognize and enforce a Thai monetary judgment in 2024. (Note: Foreign divorce judgments are excluded in the Case List.)

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FDA Law Blog

OCTOBER 7, 2024

In June, the Supreme Court ruled that the SEC cannot use its administrative authority to impose civil penalties for securities fraud on the ground that these penalties violate the U.S. Bringing an administrative claim is typically much less demanding in time and resources than litigating a jury trial. By JP Ellison & Anne K.

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Conflict of Laws

OCTOBER 31, 2024

The new framework for collective redress, which became applicable on 1 January 2020 (see also our earlier blogpost ), has received a lot of attention in international scholarship and by European legislators and policy makers due to its many innovations and making it easier for consumers and small businesses to litigate against large companies.

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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. The court ruled that race was the overriding factor in the design of District 1. district appeared first on SCOTUSblog.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court will kick off its 2023-24 term on the traditional first Monday in October. The court’s October argument session will feature six arguments over five days, on topics ranging from federal sentencing laws to voting rights. The case has drawn widespread interest.

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ClimateChange-ClimateLaw

SEPTEMBER 21, 2022

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 It remains to be seen if there will be an appeal in the Court of Appeal. Second, that the Government had breached s.14

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ClimateChange-ClimateLaw

APRIL 18, 2023

O n Monday, April 17, 2023, the U.S. 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. City of Berkeley.

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Patently O

MARCH 15, 2023

13, 2023) , Judge Taranto (joined by Judges Lourie and Stoll) largely affirmed the district court’s dismissal, confirming that the Director’s instructions are unreviewable. 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.

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Conflict of Laws

MARCH 27, 2024

Background The rules as to service outside the jurisdiction are important to cross-border litigation in Australian courts. Among other things, the rules on service provide the limits to the court’s jurisdiction in personam : Laurie v Carroll (1957) 98 CLR 310 , 323. See Agar v Hyde , CLR 572 [16].

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Conflict of Laws

MARCH 17, 2025

At the end of each year I publish an article (in German) about the Conflict of Laws developments in Germany of the last twelve months, covering more or less the year 2024 and the last months of 2023. I thought it would be interesting for the readers of this blog to get an overview over those topics that seem to be most trending.

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The IP Law Blog

JULY 20, 2023

13, 2023) (Karen E. Schreier), the court granted the defendant’s motion to compel and awarded monetary sanctions after the plaintiff failed to respond at all to discovery requests that the plaintiff had objected to as overbroad because the court ruled the plaintiff “still had an obligation to respond to the extent it did not object.”

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ClimateChange-ClimateLaw

MAY 31, 2024

Tokyo High Court On February 22, 2024, the Tokyo High Court ruled against an appeal in the Yokosuka climate case. 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.

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Fordham Law News

OCTOBER 12, 2023

If the Supreme Court agrees with the previous rulings in Moore, it could have hundreds of different consequences for taxpayers. [16] 19] Lastly, not only would a Supreme Court ruling striking down §965 have tax implications for foreign investment income tax, it could also have potential impacts on a variety of other U.S.

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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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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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Patently O

FEBRUARY 16, 2024

Mark Perry is a leading appellate expert from Weil, Gotshal & Manges LLP representing Comcast in the litigation and various IPRs between the parties. But the Federal Circuit has repeatedly held Rule 28 does not permit incorporating substantive legal arguments between briefs. This post will focus on the second case. 4th 902 (Fed.

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Patently O

JULY 18, 2024

The court concluded that this sort of information collection and analysis fits within the “familiar class of claims directed to a patent-ineligible concept.” The court also distinguished the claims from software patentee’s favorite case, Enfish, LLC v. ” (quoting Trinity Info Media, LLC v. Covalent, Inc. ,

Technology 64

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Conflict of Laws

AUGUST 26, 2024

The article explains the background to the legislative reform and analyzes the procedural framework for jurisdiction and commencement of proceedings, with a focus on cross-border litigation. This decision also sheds light on how German courts deal with the practical challenges of serving court documents on Russian parties.

Divorce 59

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JURIST

MARCH 26, 2025

The judge reaffirmed his conclusion that Iowa’s law banning books is “facially unconstitutional,” preventing officials from enforcing it while litigation continues. NetChoice , a recent Supreme Court ruling on speech regulation.

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Conflict of Laws

FEBRUARY 22, 2024

The trial court ruled in favor of GLI. The Third Circuit ruled in favor of Raiders. The Supreme Court granted GLI’s cert petition and heard oral arguments on October 10, 2023. Decision The Court held that the issue of whether a choice-of-law clause in a maritime contract is enforceable is governed by federal law.

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SCOTUSBlog

MAY 23, 2024

“[I]nferring bad faith based on the racial effects of a political gerrymander in a jurisdiction in which race and partisan preference are very closely correlated” would, Alito suggested, allow litigants and courts to circumvent the Supreme Court’s 2019 decision in Rucho v. Mace defeated him in 2020 by less than 1%.

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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.

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Fordham Law News

JANUARY 27, 2023

18] Ultimately, the court ruled in favor of Ticketmaster, stating that Tickets.com did not present sufficient evidence proving that Ticketmaster’s contracts with venues excluded other ticket sellers from pursuing similar agreements with venues. [19] 4, 2022), [link] [2] Chris Wilman, Taylor Swift Announces 2023 ‘Eras Tour’ of U.S.

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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

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