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. Pursuant to Article 4 of Law No. 231/2005 of 27 February 2006 ).

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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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At the Lectern

MARCH 7, 2022

.” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. ” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel.

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Constitutional Law Reporter

JUNE 25, 2024

Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

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Conflict of Laws

SEPTEMBER 14, 2023

To determine whether an act is commercial, “a PRC court shall undertake an overall consideration of the act’s nature and purpose.” Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). As discussed further below, the addition of “rulings” (??) Like the U.N.

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ClimateChange-ClimateLaw

JULY 6, 2017

The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects.

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Conflict of Laws

AUGUST 28, 2023

For conservative societies, the challenge is even greater, as local authorities may have to decide whether or not to recognise same-sex marriages contracted abroad (in particular when their nationals are involved). The couple in this case had been in a long-term relationship in South Africa since 2010. In 2017, the couple moved to Namibia.

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JonathanTurley

FEBRUARY 7, 2023

They have asked for the dismissal of the indictment for lack of jurisdiction since the Court ruled in Dobbs that “the Constitution does not confer a right to abortion.” ” Bailey involved an Alabama law making it a crime to refuse to do labor under a contract. Alabama , 219 U.S. Bangerter , 61 F.3d

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JonathanTurley

NOVEMBER 27, 2022

The filing is particularly interesting because it focuses not as much on the BDSM or bondage bears being marketed by Balenciaga, but the inclusion the image of a child pornography court ruling. The company, however, could face some significant legal challenges over its own role in the campaign. ” The Theory of Liability .

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Conflict of Laws

FEBRUARY 24, 2025

RusChem saga arose from bonds issued by UniCredit to guarantee performance under contracts for Russian construction projects, where RusChem, after terminating the contracts due to EU sanctions, initiated Russian proceedings for payment in breach of an English-law governed arbitration agreement that mandates resolution in Paris under ICC rules.

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Conflict of Laws

MARCH 27, 2025

The High Court Division of the Supreme Court of Bangladesh (hereafter, the High Court) considered that, the children welfare and well-being should be paramount and must be assessed independently by Bangladeshi courts, regardless of any foreign judgment. 6592 of 2021 of 21 November 2021. 233 of 2022 of 13 February 2022.

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Conflict of Laws

DECEMBER 15, 2024

The case presented here provides yet another compelling example of how Moroccan courts interpret and apply the HCCH 1980 Child Abduction Convention in a manner consistent with Moroccos international obligations. Although the Supreme Courts ruling was issued over a year ago ( Ruling No. The Ruling In its Ruling No.

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SCOTUSBlog

JANUARY 16, 2025

They contended that it would seem to follow from Apprendi that a jury must find any facts necessary to support a (nonzero) restitution order, and they suggested that the court should take up a lower court ruling to the contrary. Judicial factfinding for restitution Under Apprendi v. Oklahoma Statewide Charter School Board v.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Northern Plains Resource Council v. Army Corps of Engineers , No.

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JonathanTurley

NOVEMBER 12, 2021

While some may have contracted the virus in the workplace, courts may demand a closer nexus to a “grave danger” inherent in the workplace. But it also is a generally-worded statute that can be interpreted broadly, and I expect a split in court decisions — and that only increases the likelihood of a Supreme Court review.

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Above The Law

JANUARY 24, 2025

Decision The Ninth Circuit reversed the district courts decision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it. The court noted that the claim was already largely resolved by the ADA ruling, and sending it to state court would be inefficient and unnecessary.

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ClimateChange-ClimateLaw

MARCH 6, 2018

DECISIONS AND SETTLEMENTS. The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Arctic ringed seal as threatened under the Endangered Species Act (ESA). Jacobson’s lawsuit asserted defamation, breach of contract, and promissory estoppel claims. Future Generations v.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions.

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Above The Law

MARCH 21, 2025

Additionally, cases that reversed lower court decisions or set new legal precedents were considered more significant. Case Outcome: Reversal of Lower Court Decision: 5 points. Affirmation of Lower Court Decision: 2 points. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points.

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SCOTUSBlog

JANUARY 10, 2025

This week, we highlight a number of those petitions the justices are set to consider, seeking review of lower court decisions on student-loan forgiveness, the constitutionality of federal agencies, and more. An association of private, for-profit colleges in Texas went to federal court to challenge that regulation.

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