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No cause of action against employers for take-home COVID

At the Lectern

In other words, there’s no legal exposure for employee family member virus exposure. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says.

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Relevance of Indian Limitation Law vis-à-vis Foreign-seated International Arbitration With Indian Law As The Applicable Substantive Law

Conflict of Laws

It will also look at the legality of limitation standstill agreements to defer the limitation period in the context of foreign-seated arbitration by examining prevailing legal principles together with relevant case laws and through the prism of the decision in the Extramarks case.

Laws 98
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Specific Performance of Contract : Enforcing Contractual Rights

LexForti

The answer is ‘yes,’ and the solution lies in a powerful legal remedy known as ‘Specific Performance.’ Specific Performance is a unique legal concept in Indian Contract Law that allows you to enforce the exact terms of a contract. Your Legal Timeline: A Brief Overview Legal matters demand swift action.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. The decision ultimately concerns whether Smith’s main claim in public nuisance amounts to a “reasonably arguable cause of action”. 109, quoting R v Rimmington [2005] UKHL 63, [2006] 1 AC 459.

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KlimaSeniorinnen and Gender

ClimateChange-ClimateLaw

Federal Department of the Environment Transport, Energy and Communications (DETEC) and Others , the Swiss Federal Administrative Court held that the appellants’ rights had not been sufficiently violated to give them a cause of action. As Hefti notes, the Court overlooked “the socially constructed impact of heatwaves.”

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.”

Divorce 59
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Government power, from federal agencies to counties, highlights January session

SCOTUSBlog

The County of El Dorado required he pay a “traffic impact mitigation” fee of more than $23,000, which the county said was included to cover costs that new construction would create for the community, primarily to improve local roads. After paying the fee and building his house, Sheetz sued for a refund.