Conflict of Laws

APRIL 25, 2024

Service out under the ‘appropriate court’ ground Cheong Jun Yoong v Three Arrows Capital [1] involved service out of jurisdiction pursuant to the ‘appropriate court’ ground in Order 8 rule 1(1). It is perhaps the court’s analysis of gateway (i) which is of particular interest as it deals with a nascent area of law.

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Court Cause of Action Laws Contract 69

Day on Torts

JANUARY 11, 2021

Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. internal citation omitted). There is, however, an exception to the immunity provided by the Public Duty Doctrine.

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Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. Craigslist, Inc. ,

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Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria. The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] In Nwabueze v.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Court Rules Tort Court Cause of Action 52

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”)

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Statute Cause of Action Court Rules Litigation 57

SCOTUSBlog

DECEMBER 24, 2020

If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction. Three petitions ask the justices to review disputes between the Department of Justice and state or local governments that do not cooperate with federal immigration authorities.

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SCOTUSBlog

JUNE 16, 2022

The petitioners also ask the court to overrule Employment Division v. Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. The court faced but did not decide the issue of whether to overrule Smith in Fulton v. Both the district court and the U.S.

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. The law is one of the most restrictive in the county.

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Tort Cause of Action Laws Court 31

ClimateChange-ClimateLaw

SEPTEMBER 10, 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. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

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Litigation Litigating Court Laws 40

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She blamed the kid as “old enough to … follow the rules.”

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SCOTUSBlog

DECEMBER 1, 2023

We at the Supreme Court mourn the loss of a beloved colleague, a fiercely independent defender of the rule of law, and an eloquent advocate for civics education.” Nominated by President Ronald Reagan in 1981, O’Connor served 24 years on the court before stepping down to take care of her husband, who also battled Alzheimer’s.

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