Conflict of Laws

MARCH 25, 2021

The referring court is facing a negative conflict of competence and the request for a preliminary ruling does not specify why this court takes the view that the resolution of the case in the main proceedings depends on the interpretation of the Service Regulation. Contract/tort. Notion of ‘civil and commercial matters’.

Tort 52

Tort Contract Court Legal 52

Conflict of Laws

FEBRUARY 19, 2024

We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them. This issue also comprises the following comment: Ginevra Greco , Researcher at the University of Milan, Il c.d.

Healthcare 69

Healthcare Litigation Litigating Tort 69

Conflict of Laws

MARCH 17, 2025

Since the question in this case is whether the plaintiff can claim the return of money lost on the basis of an illegal and therefore void contract, Rome I is applicable as it also governs claims arising from contracts that are ineffective or of doubtful validity. So far, German courts were hesitant to take this road. 826 BGB ).

Contract 40

Contract Family Law Laws Manufacturing 40

Conflict of Laws

FEBRUARY 27, 2022

He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. Mouttotos , University of Bremen, and Dr. N.

Procedural Law 52

Procedural Law Law School Tort Contract 52

Conflict of Laws

DECEMBER 21, 2023

The book contains four main parts. Part Two contains what is described as “CONTRACT” based on Rome I. The interaction between domestic private law in Member States and England, and law applicable to contract and torts is an underlying theme that is explored well in the book.

Laws 59

Laws Contract Tort Court 59

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. Recent decisions have clarified some issues.

Contract 10

Contract Tort Procedural Law Court 10

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.

Laws 52

Laws Tort Contract Court 52

Conflict of Laws

APRIL 26, 2021

The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort. However, instead of ensuring legal clarity in this respect, the two decisions rendered by the ECJ further fragment the autonomous concept of contract under international civil procedural law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JULY 5, 2021

The CJEU (Grand Chamber) has issued a landmark ruling on the borderline between contract and tort disputes under Article 7(1) and (2) of the Brussels I-bis Regulation. New kinds of assets and modern developments in contracting and technology pose new challenges concerning the methods how to locate assets.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

JANUARY 2, 2023

Special jurisdiction: Present special jurisdiction rules apply to “disputes concerning contract or other property rights or interests”. Jurisdiction over consumer contracts: The proposal inserts protective jurisdiction rule for consumer contracts (Art. Jurisdiction over cyber torts: With regard to cyber torts, Art.

Drafting 52

Drafting Contract Tort Litigation 52

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.

Contract 52

Contract Tort Court Litigation 52

Conflict of Laws

SEPTEMBER 21, 2023

Further, the new CPL introduces “the place of torts committed within the territory of China” as a new connecting factor for jurisdiction. This could facilitate the recognition and enforcement of Chinese judgments abroad, especially among Convention contracting states. 5) It is more convenient for a foreign court to hear the case.

Procedural Law 59

Procedural Law Laws Litigation Litigating 59

Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] 23] Such laws are already on the books in Arkansas, Maine, Nebraska, Nevada, Ohio, Oklahoma, Tennessee, Vermont, West Virginia, and Wisconsin, some of which limit the amount and type of funding entirely. [24]

Litigating 126

Litigating Litigation Court Finance 126

JonathanTurley

DECEMBER 7, 2023

” As a sports figure, such allegations can have a major impact on his future contracts both with teams and advertisers. That means that this fight will likely happen again, but in the meantime, the case is going forward on the main defamation claim.

Punitive Damages 55

Punitive Damages Sports Statute Contract 55

Conflict of Laws

JULY 9, 2021

8] However, the respondent did not challenge the jurisdiction of the Mainland maritime court over the dispute arising from the contract of carriage of goods by sea. 4] The maritime injunction is not constrained by the jurisdiction agreement or arbitration agreement as agreed upon between the parties in relation to the maritime claim. [5]

Court 52

Court Procedural Law Litigation Litigating 52

MyCase

AUGUST 22, 2022

Litigation : This may include a range of both civil and criminal litigation cases, such as personal injury tort claims, divorce and family law cases, contract disputes, and so on. . Below are some of the main differences between biglaw and boutique law firms. Legal Services .

Law Firms 52

Law Firms Law Firm Laws Case Management 52

Conflict of Laws

OCTOBER 9, 2021

Fighting poverty and other global ills, improving health and education, reducing inequality and boosting economic growth while combating climate change are the themes of this agenda, also referred to as a “contract for the future of the world”. In her presentation, she focused on tort law.

Laws 75

Laws Education Legal Legal 75

Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. The article argues that in general the interpretation of choice of court agreements is subject to the lex causae of the main contract.

Divorce 52

Divorce Contract Tort Court 52

SCOTUSBlog

NOVEMBER 30, 2023

Abbott , involving a challenge to the use of nonmutual offensive collateral estoppel to hold that issues resolved in bellwether tort trials bind the defendant in later cases. Both cases involve what contract support costs the Indian Health Service is obligated to pay to Native American tribesthat manage their own health care programs.

Court 109

Court Litigation Litigating Government 109

LawSites

DECEMBER 4, 2023

We run a gender decoder for all new job postings, and we hired international contract software engineers. We are currently working through POCs and contracts with several service providers. Additionally, Harvey AI primarily targets larger firms with enterprise contracts, making it less accessible for smaller practices.

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

Conflict of Laws

OCTOBER 31, 2024

Law applicable to contracts for the supply of digital content and digital services This article shows that Directive (EU) 2019/770 on contracts for digital content and services does not harmonise perfectly with the existing EU conflict of laws. Regarding consumer contracts, Art. 4(a) does not fit to digital products.

Contract 59

Contract Tort Legal Legal 59

Conflict of Laws

MARCH 1, 2023

Schwemmer: Direct tort claims of the creditors of an insolvent company against the foreign grandparent company In its ruling of 10 March 2022 (Case C-498/20 – ZK./. So the main question was now where the harmful event occurred within the meaning of Art. 14 EU Service Regulation 2007. 2 of the Regulation. 7 of the Convention.

Tort 52

Tort Court Contract Laws 52

Conflict of Laws

OCTOBER 14, 2024

Paragraph 1 of Article 276 lists six jurisdiction grounds, including the place of contract formation, place of contract performance, place of the subject matter, place of distrainable property, place of tort, and place of representative offices.

Procedural Law 64

Procedural Law Litigation Litigating Laws 64

Conflict of Laws

NOVEMBER 1, 2021

The so-called Gibbs Rule applies: a party to a contract made and to be performed in England is not discharged from liability under such contract by a discharge in bankruptcy or liquidation under the law of a foreign country in which he is domiciled. Bens, Brussel na de Brexit: nieuwe regels in burgerlijke en handelszaken?

Legal 40

Legal Legal Tort Contract 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Maine High Court Said State Law Would Not Preempt Local Ordinance Prohibiting Crude Oil Loading. The Maine Supreme Judicial Court answered certified questions from the First Circuit concerning state law preemption of a City of South Portland ordinance that prohibited bulk loading of crude oil onto vessels in the City’s harbor.

Cause of Action 96

Cause of Action Court Government Litigation 96