Conflict of Laws

SEPTEMBER 21, 2023

However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. 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. Jurisdiction 2.1 276, para.

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Conflict of Laws

JANUARY 30, 2024

Recently, the 25th Volume (2023) of JYPIL has been published. The decision is the first to recognize a corporate duty to mitigate climate change under tort law. In particular, it examines the recognition of ancillary judgments in divorce cases, concluding that they fall under article 118 of the Code of Civil Procedure.

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Laws Divorce Legal Legal 59

ClimateChange-ClimateLaw

MAY 30, 2024

Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation. This is likely to impact the success rate of litigation claims, since the clearer an obligation is in its scope and nature, the more likely it is that non-compliance is sanctioned.

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Conflict of Laws

JUNE 29, 2023

Lieberknecht: The Okpabi case — Has Human Rights Litigation in England reached its Zenith In its Okpabi decision, the UK Supreme Court continues the approach it developed in the Vedanta case regarding the liability of parent companies for human rights infringements committed by their subsidiaries. Notifications: H.

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Tort Court Procedural Law Laws 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. Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.” du Pont de Nemours v.

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Litigating Litigation Tort Statute 101

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

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Conflict of Laws

OCTOBER 14, 2024

Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices. npc/c2/c30834/202112/t20211227_315637.html> html> accessed 13 October 2024. [2]

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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. 32 German Civil Procedure Code, tort claims can be brought to the court where the harmful act happened regardless of the defendant’s domicile.

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Court Tort Procedural Law Litigating 75

Patently O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Lite-Netics LLC v. 4th — (Fed.

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Tort Litigating Litigation Construction 122

Conflict of Laws

AUGUST 1, 2024

He illustrated the procedural mechanisms in the UK that are available for mass tort litigation of this kind and suggested that the Group Litigation Order (GLO) would be the appropriate mechanism in the majority of cases of mass tort litigation. Finally, he suggested examining the Okpabi case to see how GLOs work.

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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. Background information about the general climate context and litigation in Japan is available in a previous blog post.

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Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ). The case at hand is an appeal on a part of an earlier rulings.

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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. Whether a litigant has a judicial remedy before a court with respect to a person located outside of that court’s territorial jurisdiction will depend on that court’s rules as to service, among other things.

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Tort Litigating Litigation Court 64

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

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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. The English Court said that extending the tort to foreign proceedings “would be out of step with [its] ethos”, which is “the Court’s control of its own powers and resources” (at [97]).

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Court Tort Cause of Action Litigating 52

SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co. 26 conference) King v.

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Tort Court Litigating Litigation 119

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

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Contract Laws Court Statute 72

Conflict of Laws

NOVEMBER 11, 2023

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. Finally, the Dyson case is not the first one to be intensely litigated on the forum (non) conveniens grounds.

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Manufacturing Court Lawyers Lawyer 64

ClimateChange-ClimateLaw

MARCH 14, 2024

Chevron , the Second Circuit held that the City of New York could not sue global fossil fuel producers under state tort law for damages caused by fossil fuel emissions outside of its borders. While the Climate Superfund bills would be an enormous financial blow to Super-emitters (for context, in 2023 the largest U.S.

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Statute Government Court Litigating 60

Conflict of Laws

FEBRUARY 15, 2023

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.

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Real Estate Statute Court Tort 52

Conflict of Laws

AUGUST 3, 2023

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.

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Conflict of Laws

SEPTEMBER 14, 2023

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 ). The NPC Standing Committee also helpfully changed Article 9’s territorial tort exception to clarify when that exception applies.

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Drafting Court Laws Government 49

JonathanTurley

OCTOBER 30, 2023

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.

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Tort Litigating Litigation Construction 43

Conflict of Laws

OCTOBER 23, 2023

US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). An oft-repeated refrain is that all local Australian statutes are mandatory in nature ( [2023] HCATrans 99). Third, a statute may override a specified lex causae as a mandatory law of the forum.

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Laws Contract Statute Construction 59

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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Tort Litigating Litigation Finance 75

Conflict of Laws

APRIL 12, 2023

If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. Furthermore, BNP also stated its regret in the advocacy groups choosing litigation over dialogue and that it was not able to stop all fossil-fuel financing right away.

Finance 40

Finance Diligence Laws Court 40

SCOTUSBlog

FEBRUARY 23, 2024

Willett also argued that the case would be foreclosed by Claiborne Hardware , and that the 5th Circuit panel decision would have imposed tort liability on protest leaders ranging from the Founding-Era Sons of Liberty to Martin Luther King. The court denied Trevino v. Palmer without comment.

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Tort Court Diligence Laws 115

SCOTUSBlog

OCTOBER 11, 2023

For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. The solicitor general notes other instances where Munsingwear vacatur was permitted after the executive ceased certain contested policies for reasons “ undertaken in good faith and for reasons unrelated to litigation.”

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Laws Court Personal Injury Tort 88

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. Here is the column: With the arrival of Halloween, little children and litigators will again celebrate their favorite holiday. Six Flags St. follow the rules.”She

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Tort Lawyers Lawyer Personal Injury Lawyer 40

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]

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Tort Court Technology Legal 52

JonathanTurley

FEBRUARY 22, 2024

I have taught torts for three decades, including animal liability. The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. They are well beyond that threshold. Now they have shown the same failure with Commander.

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Tort Litigating Litigation Lawyers 78

JonathanTurley

JANUARY 18, 2023

5, 2023, in the Daily Beast story “ Herschel Walker Staffer: Matt Schlapp ‘Groped’ My Crotch.” For instance, on January 11, 2023, Ms. Also on January 11, 2023, Ms. Mr. Doe’s anonymity is not intended merely to avoid the annoyance and criticism that may attend litigation. Wren posted on Twitter: “He wasn’t young.

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Punitive Damages Litigating Litigation Lawyers 33

Conflict of Laws

FEBRUARY 29, 2024

The survey covers significant cases decided in 2023 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments. 2023), which is also discussed in the survey. Norfolk Southern Railway Co.

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Laws Court Divorce Tort 75

LawSites

DECEMBER 4, 2023

29, 2023, AT 11:45 P.M. 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. Anything else?

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Document Review Court Reporting Metadata Court Reporter 135

JonathanTurley

JANUARY 11, 2024

In July 2023, we discussed the lawsuit of Notre Dame Sociology Professor Tamara Kay against the student newspaper the Irish Rover. ” The case concerned an October 2022 article on her public promotion of abortion and a March 2023 article on a College Democrats lecture. The complaint does not appear particularly compelling.”

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Healthcare Laws Litigating Litigation 33

ClimateChange-ClimateLaw

APRIL 9, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. By Margaret Barry and Korey Silverman-Koati.

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Court Statute Litigating Litigation 117