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The US Supreme Court Tuesday held that New Jersey may unilaterally withdraw from the Waterfront Commission Compact, an interstate compact between the two states created to fight crime in the Port of New York and New Jersey. New Jersey , a unanimous court found that interstate compacts are governed by the principles of contractlaw.
The Supreme Court granted certiorari in Morgan, Robyn v. The case concerns arbitration clause waivers in contract disputes. According to the contract between Morgan and Sundance, Sundance could have compelled arbitration. When considering the case, the Eighth Circuit Court of Appeals cited its ruling in Messina v.
The US Court of Appeals for the Ninth Circuit held Wednesday that workers in California will not be forced into arbitration as a condition of employment. The judge found that the law was preempted by the Federal Arbitration Act (FAA). The appeals court lifted the preliminary injunction in a 2-1 decision on Wednesday.
Share The current Supreme Court is undoubtedly pro-arbitration – but after Monday’s oral argument in Morgan v. At the same time, the justices seemed to differ over why that was, and what standard the court should adopt for future cases. The district court decided that by delaying, Sundance waived its right to demand arbitration.
Panama’s Supreme Court unanimously held Tuesday that the 20-year concession for the Canadian Cobre Panamá copper mine was unconstitutional. Law 406 replaced Law 9 of February 26, 1997, which had previously governed Panama’s interactions with mining companies operating at Cobre Panamá.
The post The First Rule Of Robbing An A-List Celebrity Like Lady Gaga: Know Your ContractLaw! appeared first on Above the Law. Know who else has a mean poker face? Lady Gaga's lawyers.
The US Court of Appeals for the Second Circuit ruled Monday that the Seneca Nation is required to pay hundreds of millions of dollars of outstanding casino revenue sharing payments to New York State, following an appeal from arbitration that saw disagreement over the timeframes qualified for revenue sharing.
The US Supreme Court Monday agreed to hear a Great Lakes Insurance SE v. LLC , which asks the court to determine whether a choice of law clause in a maritime contract can be deemed unenforceable due to “strong public policy.” Raiders Retreat Realty Co., Great Lakes Insurance SE v. Raiders Retreat Realty Co.,
The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. To be eligible for these reimbursements, providers must comply with federal anti-discrimination laws.
Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.
First rule of contractlaw: you can't get out of them. The post That OceanGate Liability Waiver Might Not Be As Airtight As It Seems appeared first on Above the Law.
Instead, a court (often a California state court or the U.S. Court of Appeals for the 9th Circuit, appeals court in California) refuses to send the dispute to arbitration. In the great majority of those cases, the justices disagree and reverse the decision of the lower court protecting the customer from arbitration.
Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.
Some Australian courts consider that the treaty only applies, on a provision-by-provision basis, where it is inconsistent with local law. According to international understandings, however, the CISG is intended to displace local law to its subject-matter extent when it applies.
The recently published study titled ‘European Commercial ContractLaw’, authored by Andrea Bertolini, addresses the theme of regulatory competition. It offers new policy recommendations to improve EU legal systems’ chances of being chosen as the law governing commercial contracts. on page 42).
If You Want To Collect $500k From Lady Gaga, Keep Your Hands Clean: Here's the contractlaw refresher you've been looking for. Stealing Recipes Is A Big Dill: Jones Day and Quinn Emanuel head to court to talk pickles.
Paramount Pictures has plans to produce a remake of the classic 1961 “Breakfast At Tiffany’s,” but attorney’s for Truman Capote, who wrote the novella that the film was based on, has been fighting it in federal court alleging breach of contract.
I remember in my paralegal certificate program, one of the things that I enjoyed so much was this moot court competition that we did. I’m not saying I didn’t enjoy that moot court competition. What you are learning is the foundation stuff: the terminology, the theory, the civil rules of procedure, contractlaw, etc.
Epic Games, the developer of the highly popular and lucrative online video game Fortnite , recently won an appeal against tech juggernaut, Apple, in Australia’s Federal Court. [1] 3] Epic appealed to the Full Court. 3] Epic appealed to the Full Court. 1 Exclusive Choice of Foreign Court Agreements in Australia.
Share Occasionally – not all that often, but sometimes – the Supreme Court faces a really easy case with an obvious answer. Most cases that come to the court bring decent legal arguments on both sides, because most of the cases the court takes are cases in which lower courts have disagreed on the right answer to the question.
by Patrick Ostendorf (HTW Berlin) The principle of party autonomy gives the parties to a contract the opportunity to determine the applicable substantive (contract) law themselves by means of a choice-of-law clause – and thus to avoid (simple) mandatory rules that would otherwise bite. 3 (3) Rome I Regulation).
A copyright lawsuit concerning Top Gun: Maverick from the heirs to Ehud Yonay, the author of the original Top Gun, will go to court. The post Film Fridays: Paramount Heads To Court Over “Top Gun: Maverick” Copyright Lawsuit appeared first on THE HOLLYWOOD LAWYER. ” U.S.
According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. A choice of court agreement in a bill of lading which is agreed by the carrier and shipper and transferred to a consignee, or third-party holder is a ubiquitous example.
Share The Federal Arbitration Act requires courts to enforce arbitration agreements in most circumstances. Most courts have held that the arbitration agreement is still enforceable unless the other party has been prejudiced. Sundance , which will be argued on Monday, the Supreme Court will consider whether this is the correct rule.
Taylor Swift’s copyright lawsuit has been resolved out of court. The post Music Mondays: Taylor Swift Copyright Lawsuit Resolved Out of Court appeared first on THE HOLLYWOOD LAWYER. The post Music Mondays: Taylor Swift Copyright Lawsuit Resolved Out of Court appeared first on THE HOLLYWOOD LAWYER.
This blogpost provides an update of the latest developments in the Dutch collective action field focusing on a recent interim judgment by the Amsterdam District Court in a collective action against TikTok c.s Most importantly, it emphasises that the control of the litigation should remain exclusively with the claimant organisation.
Megan the Stallion, born Megan Pete, and her label are headed to court after a judge dismissed a claim by her label that her last album was not an album under their contract. Pete claims her previous two albums “has satisfied all option periods” in her contract signed in 2018 and “deserves to be severed […].
The post Film Fridays: “Copshop” Screenwriter Takes Zero Gravity Management to Court appeared first on THE HOLLYWOOD LAWYER. McLeod and advised him to accept far less money than he was entitled so that they would be […].
Video game composer Martin O’Donnell was found in contempt of court and now is ordered to pay upwards of $100,000 to cover all costs associated with attorney fees for this case, etc. The post Music Mondays: Former Halo Composer Charged with Contempt of Court appeared first on THE HOLLYWOOD LAWYER.
The district court sided with Omni — finding that Omni had received rights from the inventor, and that Islam had not assigned his rights to UM. Both the district court and appellate court agreed that the agreement was not a present assignment of future inventions. On appeal, the Federal Circuit has affirmed.
Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.
in Alberta, for example, a paralegal is not allowed to represent another person in court, but they can in Ontario or British Columbia. Law Clerk – This term is commonly used in Ontario and denotes someone who does a mix of administrative and substantive tasks, but is usually less substantive than that of a paralegal.
The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.
Supreme Court Precedent . To determine if a financial instrument qualifies as an investment contract and thus a security, both regulators and those in the crypto industry look to the precedent established in the1946 landmark Supreme Court case SEC v. They need protections like investment contractlaws.
The post Film Fridays: Netflix’s “Narcos” Creators in Court Over Breach of Contract appeared first on THE HOLLYWOOD LAWYER. By contrast, they were supposed to communicate and collaborate with the show’s other producer and director, José Padilha. The lawsuit alleges that “Newman is hiding […].
The post Music Mondays: Dua Lipa Fighting Two Copyright Lawsuits in Court appeared first on THE HOLLYWOOD LAWYER. Russell Brown and Sandy Linzer are behind the suit; they claim that their song “Wiggle and Giggle All Night” and “Don Diablo” are victims of Dua Lipa’s team copying their songs for her […].
by Dennis Crouch The Supreme Court held oral arguments on March 21, 2023 in the international trademark case of Abitron Austria GmbH v. Hetronic also won on a contract claim, but contractlaw would not support this disgorgement remedy. Hetronic International, Inc. VIP Products. Image above). consumers. Although U.S.
The reasonableness doctrine is found in Israeli administrative law and allows the court to exercise its power of judicial review on the executive branch of the government. It was grandfathered into Israeli jurisprudence in 1948, along with much of the British Mandatory law that had been in place up until then.
Share The Supreme Court heard oral argument Tuesday in , Cummings v. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. At the Supreme Court on Tuesday, the justices sought to pin down which methodology they should apply to such cases. Premier Rehab Keller, P.L.L.C. ,
In contractlaw, when a clause is clear, it must be enforced, not interpreted.[1] 1] Ordinarily, the court should abide by what is written in black and white.
Kanning: Unification of Commercial ContractLaw: The Role of the Dominant Economy, Volume 85 (2021) / Issue 2, pp. This paper is about the unification of commercial contractlaw. The UN Sales Law is in different respects a clear success: worldwide, reforms of contractlaw are oriented towards the CISG.
The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. The district court denied the motion for a preliminary injunction, and Nippon Shinyaku appealed to the Federal Circuit. emphasis added).
Hot on the heels of our last article (Playing by the Rules: COVID-19 and the Premier League) another judgment on contractlaw and sports media rights was handed down in the Commercial Court last week.
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