The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute. UMG considers this a violation of copyright law. The first was Midler v.

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Statute Tort Laws Contract 52

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

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The IP Law Blog

MARCH 2, 2021

The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts Because most of the language in the statute stands contrary to Fossil’s position, Fossil focused on the phrase “subject to the principles of equity.”

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Conflict of Laws

JANUARY 12, 2021

It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. It is thought to be a significant jurisdictional obstacle in transboundary environmental disputes involving foreign land.

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Laws Tort Contract Court 52

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. John Kerry, then U.S.

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Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case.

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Laws Court Contract Legal 98

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. 15–17 Lugano Convention 2007 since these rules are designed for bipolar contracts whereas the formers typically are multi-party contracts.

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Contract Tort Court Litigation 52

Conflict of Laws

OCTOBER 29, 2021

A claim of a corporation against another in relation to a breach of contract between the two is an example of a dispute related to external affairs of a corporation. Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] Here, different considerations seem to apply.

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Government Laws Contract Litigation 40

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. For insured claims, the insurer would have to seek the same information in litigation on a case-by-case basis. Nelson ,…517 U.S. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Chevron deference? 26 and Oct.

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Conflict of Laws

JANUARY 4, 2022

Kieninger : Climate Change Litigation and Private International Law. The regulative advantages of party autonomy, i.e. efficiency, legal certainty and conflict of laws justice, can be productive in choice of law contracts involving artificial intelligence. Clearly, national contract laws will differ substantially in their solutions.

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Divorce Tort Contract Laws 52

SCOTUSBlog

NOVEMBER 1, 2023

Brownback , involving whether the Federal Tort Claims Act’s “judgment bar,” which bars any claim based on the same subject matter as a dismissed FTCA case, applies when both the actions were originally brought together. The Supreme Court did not grant review in any new cases since our last installment. In Cargill , the en banc U.S.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. By Margaret Barry and Korey Silverman-Roati. filed Sept.

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Cause of Action Court Government Litigation 96

SCOTUSBlog

APRIL 15, 2022

Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease.

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Conflict of Laws

MAY 12, 2022

Where disputes crystallise into litigation, a court may be asked to consider what system of law should determine a particular issue. What one system characterises as an issue for the proper law of the contract could be treated as an issue for a forum statute in another. 8] I look forward to tweeting about it.

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Conflict of Laws

FEBRUARY 29, 2024

Meanwhile the Fifth Circuit enforced a forum selection clause in an insurance contract choosing British Virgin Island courts despite evidence that the claims stood little chance in those courts. Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework.

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Laws Court Divorce Tort 75

JonathanTurley

JANUARY 26, 2024

The third provision refers to advancing the costs of the litigation to the extent that they are contingent on “the outcome of the matter.” The rule was changed around six years ago to remove barriers for clients who could not afford to face litigation. The answer is yes. You had legal counsel as well. Mr. Morris.

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Lawyer Lawyers Litigation Litigating 50

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The magistrate judge concluded that the suit was barred by the statute of limitations. Wikimedia Commons. and non-U.S.

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Court Reporting Court Construction Government 55

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also dismissed defamation and related state tort claims. CLIMATE LITIGATION CHART.

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