HowAppealing

DECEMBER 7, 2023

Courts in Tie for No. ” The Legal Intelligencer has published this more Pennsylvania-centric version of Everett Catts’s article covering the 2023/2024 American Tort Reform Foundation’s Judicial Hellholes Report. .’” Courts in Tie for No. “Recent Rulings, Verdicts Land Pa.

Attorney 100

Attorney Tort Lawyers Lawyer 100

Conflict of Laws

FEBRUARY 28, 2024

66, 2023) of the Japanese Yearbook of International Law (formerly Annual Yearbook of Private International Law) – published by the International Law Association of Japan – has recently been released. 561) Tokyo District Court, Judgment, April 12, 2021 Applicable Law to Tort Liability — Infringement of a Right of Child Custody (p.

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Tort Laws Court Decisions Immigration 59

Conflict of Laws

JANUARY 25, 2024

The latest issue of the Dutch Journal on Private International Law (NIPR) has just been published NIPR 2023 issue 4 EDITORIAL I. 573-596 Abstract On 1 September 2023, the 2019 Hague Judgments Convention (HJC) entered into force in the Netherlands. Sumner, The next stops on the European international family law train / p. ARTICLES B.

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Tort Family Law Legal Legal 59

SCOTUSBlog

APRIL 25, 2025

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. The Supreme Court made short work of two of last weeks first-time relists. The court granted review in United States Postal Service v. The district court agreed and dismissed Whole Foods with prejudice.

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Court Government Tort Laws 71

Conflict of Laws

MARCH 24, 2025

By Adeline Chong, Singapore Management University Introduction In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The same points on nullity and public policy were raised.

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Tort Contract Court Construction 45

Conflict of Laws

MAY 10, 2023

The second issue of Lloyd’s Maritime and Commercial Law Quarterly for 2023 was published today.

Tort 52

Tort Laws Court 52

Conflict of Laws

FEBRUARY 19, 2024

The fourth issue of 2023 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) was just released. Once the main critical aspects have been identified, the article puts forth some reform suggestions to strengthen EU private international law mechanisms in the context of environmental mass torts.

Healthcare 69

Healthcare Litigating Litigation Tort 69

Conflict of Laws

OCTOBER 25, 2023

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. Such a prism is helpful if we want to rethink (as we must!)

Diligence 59

Diligence Litigating Litigation Tort 59

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. The court further held that the right to a stable climate was not an established right.

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Court Construction Litigating Litigation 115

Conflict of Laws

FEBRUARY 10, 2023

5–45, DOI: 10.1628/rabelsz-2023-0003 Great Debates in Company Law: The International Discourse on Fiction Theory versus Real Entity Theory. 76–117, DOI: 10.1628/rabelsz-2023-0005 Digital Infringement of Personality Rights and the Applicable Law. Zheng Sophia TANG: Smart Courts in Cross-Border Litigation, pp. Under art.

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Technology Litigation Litigating Divorce 52

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches.

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Litigation Litigating Court Finance 126

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

Conflict of Laws

SEPTEMBER 21, 2023

The latest amendments to the Civil Procedure Law in 2023, referred to as the new CPL, involve 26 amendments, including 14 modified articles and 15 new additions. Further, the new CPL introduces “the place of torts committed within the territory of China” as a new connecting factor for jurisdiction. 276, para.

Procedural Law 59

Procedural Law Laws Litigating Litigation 59

Conflict of Laws

OCTOBER 12, 2023

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.

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Court Tort Procedural Law Litigating 75

Patently O

FEBRUARY 19, 2023

The district court quickly issued a TRO followed-up with a preliminary injunction against the patentee. In particular, the court has held that state court tort claims associated with out-of-court patent enforcement activities are preempted by federal law unless the patent holder “acted in bad faith.”

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. In Anderson v. Lauderdale County, Tennessee , No. W2022-00332-COA-R3-CV (Tenn.

Statute 59

Statute Tort Court Government 59

Conflict of Laws

JANUARY 30, 2024

Recently, the 25th Volume (2023) of JYPIL has been published. It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. Part 2 provides practitioner insights into Japan’s potential accession to the Hague Conventions.

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Laws Divorce Legal Legal 59

SCOTUSBlog

OCTOBER 30, 2023

Share The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The justices did not add any new cases to their merits docket for the 2023-24 term, and they did not act on several of the high-profile petitions for review that they considered on Friday.

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Day on Torts

FEBRUARY 2, 2023

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.

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Tort Contract Cause of Action Construction 59

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Tort Court Procedural Law Laws 52

Conflict of Laws

MARCH 7, 2025

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p. 67, 2024) has recently been released.

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Laws Tort Contract Legal 59

Fordham Law News

SEPTEMBER 24, 2023

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] 3, 2023), [link] [4] Id. [5]

Tort 52

Tort Court Technology Legal 52

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. The court designated six cases as bellwether cases.

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Day on Torts

OCTOBER 6, 2023

14, 2023), plaintiff filed suit asserting multiple claims against the county and county employees. The trial court granted the motion, ruling that plaintiff’s claims arose out of civil rights claims and that the county therefore retained immunity under the GTLA. In Betty H. Williamson County , No. M2022-00300-COA-R3-CV (Tenn.

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Tort Court Government 52

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.

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Court Tort Cause of Action Litigating 52

ClimateChange-ClimateLaw

MAY 8, 2024

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. “You In late 2023, LSEW committed “to being net zero by 2030” in its operations.

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Day on Torts

JANUARY 31, 2023

Where plaintiff and defendant presented contradicting credible evidence regarding whether all of plaintiff’s claimed injuries were caused by the car accident at issue, the trial court’s denial of plaintiff’s motion for new trial based on her assertion that the jury’s award did not adequately compensate her for her injuries was affirmed.

Tort 52

Tort Court Statute Laws 52

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 would be really curious to hear whether these or similar cases are also moving courts in other jurisdictions and how courts deal with them.

Contract 45

Contract Family Law Laws Manufacturing 45

At the Lectern

JULY 19, 2024

On Monday morning, the Supreme Court will file its opinion in Downey v. This is one that torts professors are probably anxiously awaiting. The court granted review in July 2023. City of Riverside. Briefs here ; oral argument video here.) More about the case here.

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Calendaring Tort Court 45

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. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.

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Cause of Action Court Tort Civil Law 40

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 69

Manufacturing Court Statute Laws 69

Conflict of Laws

JANUARY 3, 2024

1 re 27 septembre 2023, n°22-15.146, available here ), the French Cour de cassation (première chambre civile) had the opportunity to rule on the duty of domestic courts to apply European rules of conflict on their own motion. The claim was based on general tort law and on French rules regarding “unfair competition”.

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Court Drafting Laws Tort 64

Conflict of Laws

APRIL 5, 2024

Symeonides, The Torts Chapter of the Third Conflicts Restatement: An Introduction, pp. 7–59, DOI: [link] This article presents the torts chapter of the Restatement (Third) of Conflict of Laws, as approved by the American Law Institute in May 2023. Enjoy reading: Symeon C.

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Tort Legal Legal Laws 49

Conflict of Laws

JANUARY 10, 2022

One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This constellation provides a strong argument for facilitating collective redress, as otherwise individual users may not be able to obtain justice for privacy infringements before the courts.

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Tort Litigating Litigation Finance 75

Conflict of Laws

MARCH 27, 2024

The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia. In a March notice to practitioners , the Chief Justice informed the profession that the Supreme Court Amendment Rules 2024 (WA ) ( Amendment Rules ) were published on the WA legislation website on 26 March 2024.

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Tort Litigating Litigation Court 64

At the Lectern

DECEMBER 21, 2023

Here are some of the actions of note at yesterday’s Supreme Court conference : Third review grant. ” This is the third time the Supreme Court has granted review in the case after a Fifth District affirmance. In 2020, the court granted and held pending the decision in People v. Espinoza (2023) 14 Cal.5th

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Immigration Court Entertainment Tort 45

Conflict of Laws

JANUARY 18, 2024

In instances where multiple representative foundations seek to bring proceedings for the same event without reaching a settlement up to a certain point during the proceedings, the court will appoint an exclusive representative. The court’s jurisdictional analysis commences with a reference to Case C?27/17

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Court Procedural Law Legal Legal 78