Conflict of Laws

DECEMBER 4, 2024

Until very recently, Brazilian courts would not enforce a clause that selected a foreign forum, arguing that parties could not, by agreement, oust the jurisdiction of Brazilian courts established by law — an approach quite similar to that adopted by U.S. courts prior to the landmark U.S.

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Laws Contract Litigating Litigation 59

LawTechnologyToday

JUNE 21, 2021

An NFT is composed of software code in the form of “smart contracts.” Smart contracts are open-sourced blockchain protocols that control the transfer of digital currency under certain terms and conditions. Once a smart contract is created, it is “minted” onto the token on a blockchain. Smart contracts will be key in this sense.

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Laws Contract Legal Legal 140

OilandGasLawyer

NOVEMBER 17, 2020

On October 28 Judge David Jones, US Bankruptcy Court for Southern District in Houston, issued a memorandum opinion in Chesapeake Energy’s bankruptcy (Case No. 20-33233), granting Chesapeake’s motion to reject its contract to sell gas to ETC Texas Pipeline. ” As the court explained, In simple terms, Sec.

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Mondaq

APRIL 29, 2021

The Irish High Court has delivered its judgment on repudiation of contracts (including leases and guarantees)

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Mondaq

SEPTEMBER 23, 2022

In this appeal, the Eleventh Appellate District reversed the trial court's decision finding that the plaintiff was not an assignee under the terms of a retail installment contract.

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Conflict of Laws

OCTOBER 22, 2021

Having undertaken further research, it can be said that Nigerian court decisions are not consistent on the issue of capacity of a foreign company to sue and be sued in Nigeria. Why is the above topic important?

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Conflict of Laws

AUGUST 23, 2023

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. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

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LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law.

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Metadata Court Decisions Contract Legal 134

Law 360

FEBRUARY 19, 2025

A unanimous Second Circuit panel backed a lower court's decision to dismiss Teri Woods Publishing's copyright and contract claims against Audible and other audiobook distributors on Wednesday, holding that the parties' licensing agreement allowed them to distribute the publisher's works through their subscription-based streaming services.

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Patently O

APRIL 22, 2021

“The rule supported by [prior lower court decisions] is that an assignor of a patent right is estopped to attack the utility, novelty or validity of a patented invention which he has assigned or granted as against any one claiming the right under his assignment or grant. Formica Insulation Co. , 342 (1924). ” 35 USC 282.

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Court Contract Statute Court Decisions 118

ClimateChange-ClimateLaw

MARCH 27, 2025

Last week, building electrification secured an important victory in the United States District Court for the Southern District of New York. In Association of Contracting Plumbers of The City of New York, Inc. Judge Abrams Decision in Association of Contracting Plumbers of The City of New York, Inc.

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SCOTUSBlog

MARCH 3, 2025

Later, when the Indian government decided to exploit the relevant spectrum for itself, it had Antrix cancel the contract. Because the contract called for arbitration, the Devas entities commenced an ICC arbitration seeking damages for the termination, in which they received an award of about $500 million.

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Court Contract Court Rules Government 81

Constitutional Law Reporter

JULY 9, 2024

Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. which contract controls.

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SCOTUSBlog

APRIL 23, 2021

An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent.

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Stare Decisis Laws Contract Court Decisions 97

Mondaq

JUNE 20, 2022

Katanga Contracting Services, a recent High Court decision reinforces the reluctance of the English courts to intervene in arbitration appeals. In Tenke Fungurume Mining SA v.

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Mondaq

MARCH 8, 2022

Two recent court decisions have rekindled the focus on the hot real estate marketplace and escalating costs, and their impact on termination of low- and highrise preconstruction contracts.

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Real Estate Contract Court Decisions Court 40

Mondaq

FEBRUARY 17, 2022

A recent High Court decision shows that whether or not a material adverse change clause will be found to be triggered by Covid-19 is a highly fact-dependent question which will depend on the wording of the clause and the relevant context:

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Contract Court Decisions Court 40

FDA Law Blog

NOVEMBER 30, 2022

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C In addition, Grifols’s eligibility for government contracts is conditioned on FDA approval of Gamunex and FDA approval is conditioned on compliance with GMPs.

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Law 360

JANUARY 29, 2024

In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Court decision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5

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Law 360

JULY 25, 2023

which won a $376 million National Geospatial-Intelligence Agency data project contract, urged the Federal Circuit to uphold a Claims Court decision dismissing an artificial intelligence firm's protest of its win, saying the lower court correctly found it lacked jurisdiction over the protest.

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Conflict of Laws

MARCH 7, 2025

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 162) OSHIMA Lisa The Potential and Limitations of Contracts That Function as Succession Substitutes (p.

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Patently O

FEBRUARY 10, 2022

The Federal Circuit relies upon traditional contract law principles to determine whether a particular communication constitutes such an offer. Remember the contract foundational trio: Offer, Acceptance, Consideration. ” Of course, not just any offer works — it needs to be an offer to sell.

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Conflict of Laws

AUGUST 29, 2024

After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. Pereira (Supreme Court decision 376 K/Pdt. Luis F.S.S. 97, 111-112).

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FDA Law Blog

SEPTEMBER 29, 2021

A growing list of drug manufacturers are claiming that the discounts meant for low-income patients of 340B covered entities are instead contributing to profits for pharmacies that contract with covered entities to dispense 340B drugs. Drug Manufacturers Fight Back Against Proliferation of Contract Pharmacy Arrangements.

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Litigation Litigating Manufacturing Contract 52

JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. ” She was then denied the contract. In NAACP v. Claiborne Hardware Co.

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Conflict of Laws

FEBRUARY 22, 2024

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. For example, in the aforementioned Supreme Court decision in the Appeal No.

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Conflict of Laws

DECEMBER 25, 2023

The Supreme Court Ruling No. The case is also particularly interesting because it concerns the establishment of a kafala under Moroccan law for the purpose of relocating the child in another Contracting State (France in casu ).

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Court Contract Court Decisions Laws 75

Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. According to a blog by David Warfield and David Farrell, Thompson Coburn, LLP, there are nine amendments to the Bankruptcy Code in the CAA.

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LawSites

MARCH 26, 2024

March 1 marked the culmination of an ambitious and audacious project to digitize and provide free and open access to all official court decisions ever published in the United States.

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Legal Research Law School Contract Court Decisions 64

Conflict of Laws

JANUARY 3, 2025

Thomale: Ipso facto clauses in cross-border cases (German) Ipso facto clauses or bankruptcy clauses present a controversial problem to both contract law and insolvency law. Special attention is given to anticipatory ipso facto clauses , cancelling the contract before the opening of insolvency proceedings.

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Constitutional Law Reporter

MAY 14, 2024

To purchase those rights, they entered into contracts with Flowers that require any disputes to be arbitrated under the FAA. Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.”

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Conflict of Laws

FEBRUARY 26, 2025

In order to obtain a recognisable filiation decision in favour of the intended parents, a (declaratory) court decision is sought in Ukraine after the childs birth. Such a court decision can be recognised in Germany under procedural law. This case note examines the Supreme Courts decision from both angles.

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Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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At the Lectern

MARCH 7, 2022

” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel. Justice Jenkins’s opinion focuses on his concurrence in a 2014 First District, Division Three, Court of Appeal decision when he served on that court, a decision today’s opinion disapproves.

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LexForti

APRIL 22, 2021

In the present case, since the case involves the federal claims and turns to the court’s federal question jurisdiction. The court therefore, declined again to apply the Indian Law and instead applied federal substantive law and ordinary contract and agency principles.

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Laws Manufacturing Court Contract 52

LawTechnologyToday

AUGUST 17, 2022

Lawyers are using data analytics and predictive coding to review documents, draft contracts and to determine the outcome of court decisions. Data analytics and data science are playing an important role in the practice of law.

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Conflict of Laws

MARCH 10, 2021

Our courts should be in charge of their own proceedings. Consequently, no person or group of persons by their own private treaty or arrangements can agree to oust the jurisdiction and provisions vested in the Courts by the Constitution. The recent Court of Appeal’s decision in A.B.U.

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