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 justices granted review in two cases, Becerra v. And in Erlinger v.

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Litigation Litigating Tort Statute 101

The Crime Report

JUNE 27, 2022

Editor’s Note: the trial for Kueng and Thao, charged with “aiding and abetting” the Floyd murder, h as been postponed until January 2023. Kaufman characterizes this legal duty requiring officer intervention as a “Bad Samaritan Law,” a “statute that imposes a legal duty to assist others in peril through interceding directly.”

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Criminal Law Tort Legal Legal 105

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 lower courts and the UK Supreme court agreed with Shell.

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At the Lectern

JUNE 13, 2024

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. Superior Court (2023) 15 Cal.5th Domestic violence tort.

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Court Tort Drafting Court Rules 49

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 appeal was heard in March 2023. Mrs Karpik obtained special leave.

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Contract Laws Court Statute 72

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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Lawyers Lawyer Law Firm Law Firms 126

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

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Laws Contract Statute Construction 59

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 ). How else can a court decide whether a statute is intended to fall outside of general rules of choice of law?

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Manufacturing Court Statute Laws 69

Constitutional Law Reporter

JANUARY 26, 2023

The specific issue is: “ Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer’s property in the course of a labor dispute.” Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.: Under Dellmuth v.

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Attorney Tort Legal Legal 52

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. Arguably, it was not necessary to do so.

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Real Estate Statute Court Tort 52

Conflict of Laws

NOVEMBER 14, 2022

It seems that this report comes in quite timely as the programme for the 2023 Summer Course has just been announced. Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age.

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Tort Contract Laws Statute 52

SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. The Supreme Court stayed his execution in May 2023 pending these petitions, so this case will clearly receive close attention. Six Unknown Federal Narcotics Agents , which allows lawsuits against federal officers for violations of constitutional rights.

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Tort Court Litigation Litigating 119

ClimateChange-ClimateLaw

MARCH 14, 2024

No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. 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. Moreover, the Second Circuit’s reasoning in New York v.

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Statute Government Court Litigating 60

JonathanTurley

DECEMBER 7, 2023

Spears sued over the coverage of an incident on the night of January 14, 2023, when Spears and two high school friends, Dylan Serafini and Esai Morse, went to “The Strip” in Tuscaloosa, Alabama after the Alabama-LSU basketball game. We have previously discussed retraction statutes that can limit damages or actions.

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Punitive Damages Sports Statute Contract 39

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 Litigation Litigating Construction 43

Conflict of Laws

MAY 9, 2023

It is supposed to take place on May 23, 2023. In the request for a constitutional review of 2020, the applicants argue that, according to the settled case law of the Polish Supreme Court, Article 1103[7](2) PL CCP does not cover the torts committed by a foreign State to the detriment of Poland and its nationals.

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Court Constitutional Law Laws Legal 40

Conflict of Laws

JANUARY 10, 2022

The Court of Appeal held that misuse of private information and contravention of the statutory data protection requirements was a tort and therefore, if damage had been sustained within England, the English courts had jurisdiction and service to the USA (California) was allowed. 24] This Review is due in 2023.

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Tort Litigation Litigating Finance 75

LawSites

NOVEMBER 15, 2023

In traditional legal research, the user enters a query and gets a response in the form of a long list of cases, statutes and other resources. As of today’s launch, the AI research tool draws only from primary law materials in Westlaw, such as cases, statutes and regulations.

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Legal Research Legal Assistance Legal Assistant Laws 138

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. CVSG: 8/30/2023 (relisted after the Oct. CVSG: 8/30/2023 (relisted after the Oct. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. 6 conference) Cantero v. Bank of America, N.A. ,

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Laws Court Personal Injury Tort 88

JonathanTurley

OCTOBER 31, 2023

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.

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Tort Lawyers Lawyer Personal Injury Lawyer 40

Conflict of Laws

MARCH 1, 2023

Schwemmer: Direct tort claims of the creditors of an insolvent company against the foreign grandparent company In its ruling of 10 March 2022 (Case C-498/20 – ZK./. 14 EU Service Regulation 2007. The court then acts as a mere transmitting agency on behalf of the party, and thus, in its administrative capacity.

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Tort Court Contract Laws 52

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

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

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