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This comes after the contract was thrown into jeopardy when Panama’s President Laurentino Cortizo announced last month that he would referendum to determine the fate of a contentious mining contract and placed a moratorium on new contracts.
The district court confirmed the revenue sharing award in November 2019, finding the Seneca Nation did not show the Secretary’s approval governed the agreement and that the renewal was not an amendment to the compact requiring new approval in either case.
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.
Further, the court has analogized spending clause legislation to a contract and has held that funding recipients are on notice that they are subject to those remedies traditionally available in suits for breach of contract. In Thursday’s ruling in Cummings v. Check back soon for in-depth analysis of the opinion.
The Supreme Courtruled in favor of the SEC, resulting in the “ Howey test,” still used today to determine whether a financial instrument can be considered an investment contract. They need protections like investment contractlaws.
government in favor of Cummings, asked the court to apply the general rule that foreseeable damages are available, but also stated that emotional distress damages were historically available in cases involving common carriers and innkeepers that are analogous to anti-discrimination statutes.
” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district courtrulings. ” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel.
The court used this provision to bind a sanctioned Russian entity to an arbitration agreement, which it had breached by initiating proceedings in Russian state courts. This decision also sheds light on how German courts deal with the practical challenges of serving court documents on Russian parties.
Supreme Courtruled that comity requires an assessment of the interests of the foreign nation involved and the requesting nation. [3] and English courts do not give effect to foreign blocking statutes, like the French Blocking Statute, but have ruled in favor of disclosure of documents and information.
Sonner sought restitution for a past harm but failed to demonstrate that she lacked an adequate remedy at law. The issue was whether federal courts can award equitable relief when state law permits it, but an adequate legal remedy exists. Decision The courtruled in favor of Bachmann, granting her qualified immunity.
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