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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.
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.
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.
Panama’s Supreme Court unanimously held Tuesday that the 20-year concession for the Canadian Cobre Panamá copper mine was unconstitutional. The law would have created a new 20-year contract for First Quantum’s Cobre Panamá mine. Canadian First Quantum acknowledged the judgement.
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 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.
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.” If there was no relevant law available, the contract said New York law was to apply.
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.
Abstract Australia adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG) – a treaty intended to harmonise cross-border sale of goods law – in 1989. Presenter Benjamin Hayward is an Associate Professor in the Department of Business Law at Monash University.
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.
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.
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 […].
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.
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.
HGTV show “Love It or List It” was sued by North Carolina homeowners Deena Murphy and Tim Sullivan after they accused the show’s production company, Big Coat TV, of breach of contract. According to court records, the lawsuit filed in Chatham County was eventually settled.
Popular videogame composer Marty O’Donnell won his 2014 lawsuit against Halo and Bungie that claimed breach of contract. The post Film Fridays – Halo Composer Wins Breach of Contract Lawsuit for $400K appeared first on THE HOLLYWOOD LAWYER. ” […]. ” […].
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.
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 […].
They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.
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.
Flo Rida won a two-year court battle over a breach of contract dating back to 2010. The settlement includes 260K shares in the company, making Flo Rida […] The post Music Mondays: Flo Rida Wins $82M in Breach of Contract Lawsuit appeared first on THE HOLLYWOOD LAWYER. million in damages.
The pending lawsuit between Scarlett Johansson and Disney has been resolved after two months outside of court. The post Film Fridays – Johansson And Disney Settle Breach Of Contract Lawsuit appeared first on THE HOLLYWOOD LAWYER. Johansson from realizing the full benefit of her bargain with Marvel.”
In this post, understand how Specific Performance of Contract can protect your contractual rights in India. This comprehensive guide unravels the complexities of Specific Performance and its role in the enforcement of contracts. Is there a way to enforce the original terms of the contract? ’ What is Specific Performance?
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.
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.
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.
Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. The Author Niharika Mukherjee is associated to the National Law School of India University (NLSIU) Bangalore. Turnkey Contracts.
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).
Appeals boards and courts have issued several important rulings that impacted federal contractors this year, covering issues such as when companies should protest to pause a contract and what agencies must do for contractors amid a pandemic.
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. ,
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.
Ripple Labs is whether or not XRP can be defined as a traditional “investment contract.” Supreme Court Precedent . The Supreme Court ruled 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. Howey Co. .
Copshop screenwriter Kurt McLeod has sued Zero Gravity Management for breach of contract and fiduciary duty and fraud for allegedly not revealing the film’s actual budget. The post Film Fridays: “Copshop” Screenwriter Takes Zero Gravity Management to Court appeared first on THE HOLLYWOOD LAWYER.
2(h) of Indian Contract Act 1872. Section 2 (h) of the Indian Contract Act , 1872 states that “ an agreement enforceable by law is a contract.” It also mentions the fact that all contracts are agreement but all agreements are not contract. The essentials of a valid contract are –. Analysis Of Sec.
The pending lawsuit between Scarlett Johansson and Disney has been resolved after two months outside of court. The post Film Fridays – Johansson And Disney Settle Breach Of Contract Lawsuit appeared first on THE HOLLYWOOD LAWYER. Johansson from realizing the full benefit of her bargain with Marvel.”
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. Lets look at the contract. Both the district court and appellate court agreed that the agreement was not a present assignment of future inventions. employment.
When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. 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. emphasis added).
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.
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.
A Los Angeles Superior Court Judge announced that he would be looking over a 2018 case filed by Gary Goldman against Disney over “breach of implied-in-fact contract, breach of confidence and unfair competition.” ” […].
Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.
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.
. – This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions. The article demonstrates that the current contracting practice is unbalanced and inefficient.
He focuses on the structural similarities between those instruments in order to demonstrate, in particular, the surprising degree to which they still incorporate and react to state law. Listing all the other intersections between transnational contracts and state law discussed by Kindt would exceed the limits of this post.
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