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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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. HvJ EU 9 maart 2023, ECLI:EU:C:2023:184, NIPR 2023-753 (R.

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Tort Family Law Legal Legal 59

HowAppealing

DECEMBER 7, 2023

” 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. The post “Recent Rulings, Verdicts Land Pa. Courts in Tie for No.

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Attorney Tort Lawyers Lawyer 100

Conflict of Laws

MAY 10, 2023

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

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ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In February 2023, the Tokyo District Court found that the Notice of Finalization, which had been issued through a simplified permitting procedure, was lawful. The Nagoya District Court will consider whether private actors can be held liable for their GHG emissions under Japanese tort law. Royal Dutch Shell plc. ,

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Litigating Litigation Construction Tort 103

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!)

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Diligence Litigation Litigating Tort 59

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.

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Healthcare Litigation Litigating Tort 69

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. Hannes Wais: Digitale Persönlichkeitsrechtsverletzungen und anwendbares Recht, pp.76–117,

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Conflict of Laws

JANUARY 18, 2022

Following successful conferences in Bonn, Würzburg and Hamburg, please save the date for the 4th German-speaking Conference for Young Scholars in Private International Law, which will take place on 23 and 24 February 2023 at Sigmund Freud University in Vienna. The theme of the conference will be.

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Laws Tort Procedural Law Contract 52

Blackstone Career Institute

JANUARY 24, 2025

According to the Occupational Outlook Handbook, the median pay for the position was over $60,000 per year as of 2023, with top professionals in the field making close to six figures. Distinguish between crimes and torts, including identifying the classes of crime and degrees of larceny. The typical salary for paralegals is excellent.

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Paralegals Paralegal Legal Assistant Legal Assistance 52

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. See the table below.

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Procedural Law Laws Litigation Litigating 59

Conflict of Laws

MARCH 24, 2025

It alleged that the directors were actively involved in the chairmans unlawful conduct and therefore liable in tort under Korean law, and GGS was vicariously liable for their actions. This is significant because the tort action in Indonesia was not based on the contract between the parties. [24] 22] COSCO [3] [23] COSCO [5]. [24]

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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. Code Ann. § 8-8-302 and -303.

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Statute Tort Court Government 59

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. The Convention, which focuses on indirect jurisdiction for recognition and enforcement, prohibits the circulation of judgments outside the location of the property.

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Laws Divorce Legal Legal 59

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

While the decision is formally a procedural one, its most striking passages address substantive tort law. Kronke: Obituary on Jürgen Basedow (1949–2023) C. Rüsing: Dialogue International Family Law on April 28 and 29, 2023, Münster Notifications: H.

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Tort Court Procedural Law Laws 52

SCOTUSBlog

APRIL 25, 2025

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The moratorium remained in effect until early 2023, with some protections continuing into 2024.

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Conflict of Laws

MARCH 7, 2025

Cambridge and New York: Cambridge University Press, 2023. 581) International Child Abduction – Habitual Residence – Infant Tokyo High Court, Judgment, January 25, 2023 (p. 581) International Child Abduction – Habitual Residence – Infant Tokyo High Court, Judgment, January 25, 2023 (p. xxxix, 302.

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Laws Tort Contract Legal 59

SCOTUSBlog

OCTOBER 30, 2023

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. Share The Supreme Court on Monday morning issued orders from the justices’ private conference last week.

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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

Patently O

FEBRUARY 19, 2023

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.” And, in addition, Light-Netics sent a notice to various light stores warning them that HBL lights were infringing. Lite-Netics LLC v.

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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.

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Statute Court Tort Healthcare 59

Conflict of Laws

JANUARY 11, 2023

Where the Rome II Regulation applies, knowing receipt fits better within the tort rather than unjust enrichment category and the escape clause in Article 4(3) of the Regulation ought to apply.

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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. The justices granted review in two cases, Becerra v. Court of Appeals for the 6th Circuit upheld that decision.

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Day on Torts

OCTOBER 6, 2023

14, 2023), plaintiff filed suit asserting multiple claims against the county and county employees. In Betty H. Williamson County , No. M2022-00300-COA-R3-CV (Tenn.

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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 Litigation 75

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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At the Lectern

JULY 19, 2024

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

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Day on Torts

JANUARY 31, 2023

27, 2023), plaintiff and defendant were involved in a car accident when they approached traffic on the interstate that had slowed significantly and defendant rear-ended plaintiff’s car. Note: Chapter 25, Section 10 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Besses v.

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Tort Court Statute Laws 52

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

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. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

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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

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] 8, 2023). [12] 2, 2023). [13] 8, 2023). [12] 2, 2023). [13] 15, 2023, 12:14 AM EST, available at law360.com/articles/1573847 31, 2023), available at [link]. [31]

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Litigation Litigating Court Finance 126

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. 826 BGB ).

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Contract Family Law Laws Manufacturing 45

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 ). As a result, at the moment of instituting the proceedings, the claim was time barred.

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LawSites

NOVEMBER 15, 2023

” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?” Questions about particular documents, such as “Does the Jones v. Smith case include a situation with a supervisor as a defendant?” ” Commands to execute certain tasks, such as “Email me the Jones v.

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Legal Research Legal Assistant Legal Assistance Laws 138

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. Qualitative techniques like “massive tort” models provide historical comparisons for some types of litigation, but do not claim to offer quantitative risk assessment tools or cover the full range of climate litigation.

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