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No cause of action against employers for take-home COVID

At the Lectern

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. 1] See Common Law Claims, Sabin Center Climate Change Litigation Database (accessed Feb.

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Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

18] This more narrow construction of the party scope of dispute resolution clauses raises the risk of B manipulating the situation and evading the dispute resolution clause by pursuing claims against C. If this means that there would be parallel litigation across a few jurisdictions, the courts should not shy away from that conclusion. [28]

Tort 45
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Supreme Court will decide government immunity issue

At the Lectern

A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.” Inevitable discovery.

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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

Court 59
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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

It is cross-posted at Transnational Litigation Blog. But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. He tends to be more skeptical of litigation and court access policies, and he notably did not join Gorsuch’s concurrence in Ford.

Court 40
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Applicability of Limitation period to the Insolvency and Bankruptcy Code, 2016

LexForti

However, a suit for recovery based upon a cause of action that is within the limitation can in no way affect the separate and independent remedy of a winding-up proceeding by somehow keeping the debt breathing. Moreover, an unconditional acknowledgement is enough to ‘furnish a cause of action’ for it implies a promise to pay.