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31, 2023), plaintiffs owned a restaurant in defendant City. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal.
More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The courtruled 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.
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. Court of Appeals for the 6th Circuit upheld that decision.
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. So far, German courts were hesitant to take this road. 826 BGB ).
Within New Zealand, the rules are in the Trans-Tasman Proceedings Act 2010 (Cth) —legislation in the spirit of the Hague Conference on Private International Law—as modified by the rules of the forum court. Defendants in any other foreign country are captured by the rules of the forum court.
ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] 8, 2023). [12] 2, 2023). [13] 8, 2023). [12] 2, 2023). [13]
The UK Supreme Courtruled 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.
Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.
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. So far, German courts were hesitant to take this road. 826 BGB ).
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. Brown , 564 U.S.
Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. In Sanders v. Higgins , No. M2022-00892-COA-R3-CV (Tenn.
Two included separate explanatory statements: Three votes for review, and a dissenting statement, in juvenile coerced plea case Two votes for review, and a dissenting statement, in youth-offender LWOP no-parole case A third case concerned domestic violence torts. The court granted review in Hohenshelt v. Superior Court (2023) 15 Cal.5th
In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. The Court of Appeals reversed dismissal. In Lawson v. Hawkins County, Tennessee , No. E2020-01529-SC-R11-CV (Tenn.
On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose.
Federal law also generally prohibits federal courts from reviewing decisions about whether to cancel deportation, except for “questions of law.” In 2020, the Supreme Courtruled that the term “questions of law” includes a mixed question of law and fact, such as the application of a legal standard to undisputed facts.
The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.
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. In another June 2023 decision in Munoz v.
In any event, Carroll II went to trial first, with a jury finding Trump liable for defamation and sexual abuse on May 9, 2023. Trump , and so it remained, although it was informally referred to as Carroll I after a second identically titled case was filed in 2022.
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