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United Kingdom Supreme Court confirms that consequential loss satisfies the tort gateway for service out of the jurisdiction

Conflict of Laws

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Three main reasons were given. Economic torts? Background. PD 6B, para.

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Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

3] Where the anti-suit application is to restrain foreign proceedings brought in breach of an arbitration or choice of court agreement, ordinarily it would be granted unless strong cause is shown by the respondent. [4] Subsequently, Asiana also pursued actions against GGS and the directors of the Gate Gourmet Group.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. He argued the defendants’ activities amount to torts of public nuisance and negligence, and also raised a novel claim asserting that the defendants have a climate duty.

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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. The claimant sought to apply the cases on the tort of misuse of private information by analogy.

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The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

Panels of this kind were the main reason why the fire at Grenfell Tower in London had spread so rapidly. For claims in tort in relation to goods that have caused personal injury, the relevant choice of law rules favoured application of the law of the place of injury.

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Opioid maker Purdue’s bankruptcy case comes before Supreme Court

SCOTUSBlog

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. The first is whether Harrington, as the U.S.

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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

SCOTUSBlog

Cassirer’s heirs make three main arguments. Second, Congress enacted the FSIA in light of the background principle of federalism that state law, including state choice-of-law doctrines, should apply to state causes of action, and nothing in the statute indicates any intent to deviate from that principle. In Richards v.

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