Conflict of Laws

AUGUST 31, 2023

This blogpost is an edited version of this blogpost written in Dutch by Stichting IJI (The Hague Institute for private international law and foreign law). Furthermore, on July 4 a bill was proposed that encloses several private international law provisions. This blogpost briefly highlights both developments.

Legal 72

Legal Legal Diligence Court Decisions 72

JURIST

JULY 17, 2021

In Janus , the Supreme Court overruled Abood v. The court disagreed and affirmed the lower court ruling stating: Our cases are clear that we may not disregard Supreme Court precedent unless and until it has been overruled by the Court itself. American Federation of State, County, and Municipal Employees.

Court 211

Court Education Court Decisions Court Rules 211

SCOTUSBlog

DECEMBER 11, 2020

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. His appeal was unsuccessful.

Court Rules 144

Court Rules Government Court Court Decisions 144

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. The Supreme Court also reaffirmed its holding in Bantam Books, Inc. In National Rifle Association of America v. Vullo , 602 U.S. _ (2024), the U.S.

Government 52

Government Court Constitutional Law Contract 52

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

Construction 111

Construction Government Legal Legal 111

FDA Law Blog

JUNE 7, 2023

Claud & Faraz Siddiqui — As we move into the heat of the summer, we can look forward to the annual June deluge of opinions coming from the Supreme Court. The cases were both brought under the False Claims Act (FCA), the Civil War-era law that the government uses to claw back funds it pays out to parties that overbill federal programs.

Court 40

Court Statute Government Court Rules 40

Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

SCOTUSBlog

JULY 9, 2024

When those assets actually belong to someone else, federal law provides a 30-day window for third parties with an interest in property seized in connection with drug charges to file paperwork demanding its return. The two business owners, the lower court ruled, must forfeit the $9,000. In Sanchez v.

Small Business 104

Small Business Court Statute Court Decisions 104

The Crime Report

APRIL 27, 2022

Our justice system is supposed to protect such people by assigning them a “legal guardian” —a surrogate decision-maker who acts under the authority of the probate court or of state laws governing guardianships. Abuse of Power. Few police academies provide educational training on legal guardianships.

Legal 98

Legal Legal Education Laws 98

SCOTUSBlog

DECEMBER 15, 2021

A Texas state court ruled that the federal law under which Torres brought his suit, the Uniform Services Employment and Re-employment Rights Act , which allows members of the military to sue to remedy employment discrimination based on their service, is unconstitutional. And in LeDure v.

Court 84

Court Government Court Decisions Court Rules 84

Conflict of Laws

MAY 6, 2024

Dr Chukwuma Okoli (Assistant Professor in Commercial Conflict of Laws at the University of Birmingham; Senior Research Associate; Private International Law in Emerging Countries, University of Johannesburg) We would like to thank Joy Chebet, Law Student at Kenyatta University, for her research assistance and comments.

Court 69

Court Laws Statute Litigation 69

SCOTUSBlog

JUNE 17, 2022

Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.

Statute 103

Statute Legal Legal Court 103

Constitutional Law Reporter

SEPTEMBER 19, 2023

Supreme Court held that the False Claims Act’s scienter element — which asks whether a defendant “knowingly” submitted a “false” claim to the government — refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed. The Court’s decision was unanimous.

Court 52

Court Constitutional Law Court Rules Court Decisions 52

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.

Tort 49

Tort Court Personal Injury Contract 49

Conflict of Laws

FEBRUARY 22, 2024

Introduction It is widely recognized that choice of court and choice of law agreements are powerful tools for structuring and planning international dispute resolution. Alex Mills, Party Autonomy in Private International Law (CUP, 2018) p. The parties also agreed that English law should be the governing law.

Court 69

Court Laws Contract Court Decisions 69

Conflict of Laws

JANUARY 11, 2024

This interesting case comment has been kindly provided to the blog by Nicolás Zambrana-Tévar , LLM, PhD, KIMEP University The United States Court of Appeals for the Ninth Circuit has found in favor of Spain as defendant in a property case spanning several decades.

Statute 45

Statute Laws Court Court Rules 45

Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

Drafting 49

Drafting Court Laws Government 49

JonathanTurley

JUNE 29, 2021

The Tenth Circuit upheld the district court decision in favor of the IRS and its authority to conduct the audit. Thomas noted that in 2005 a fractured divided court ruled Gonzales v. Thomas noted that the federal government continues to claim the authority while simultaneously saying that it will not enforce it.

Government 39

Government Court Legal Legal 39

ClimateChange-ClimateLaw

OCTOBER 18, 2022

The court ruled that the failure to set specific mitigation measures to slow climate change, in accordance with the state’s obligations under European and international law, is unlawful and infringes the plaintiffs’ right to a favorable environment. 2022 Prague Municipal Court Decision. Background to the claim.

Litigation 40

Litigation Litigating Government Court 40

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

Drafting 98

Drafting Laws Litigation Litigating 98

SCOTUSBlog

APRIL 20, 2022

Some older Supreme Court decisions support that theory of consent. Some courts read [Supreme Court precedent] as effectively foreclosing [this consent-by-registration theory of jurisdiction], while others insist it remains viable.”. Court of Appeals for the 10th Circuit affirmed. Next up is Kelly v. United States.

Statute 103

Statute Stare Decisis Court Manufacturing 103

SCOTUSBlog

OCTOBER 4, 2023

But in July, Laufer asked the justices to throw out the case, and invalidate the 1st Circuit’s decision in her favor. If the court ruled on the standing question, he seemed to suggest, it would be issuing “an advisory opinion.” Assistant to the U.S. Solicitor General Erica Ross told the justices that the case was “clearly moot.”

Court 110

Court Lawyer Lawyers Court Rules 110

FDA Law Blog

APRIL 23, 2021

The question presented is whether this statutory language authorizes the Commission to seek, and a court to award, equitable monetary relief such as restitution or disgorgement. So, the obvious question to many readers is how does this Supreme Court decision implicate FDA? 592, 15 U. This is hardly a new question for us.

Court 40

Court Statute Punitive Damages Government 40

Constitutional Law Reporter

JULY 12, 2023

Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are generally not the proper forum for resolving claims that the Executive Branch should make more arrests or bring more prosecutions.”

Immigration 52

Immigration Court Rules Court Entertainment 52

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

Drafting 52

Drafting Laws Litigation Litigating 52

JURIST

JUNE 21, 2024

The Supreme Court of Japan declared a transgender woman as the father of her daughter, who was conceived after the woman’s legal gender change, for the first time on Friday. The court also stated that impacts on family relationships should be considered when deciding whether a father-child relationship should be recognized.

Legal 104

Legal Legal Court Court Decisions 104

The Crime Report

AUGUST 18, 2022

Not all transgender people experience dysphoria, but the decision is a significant milestone in case law as discrimination protections and medical rights for transgender people are being challenged across the country. If it does, it’s a disability under the law. The case will first return to lower court.

Court Rules 105

Court Rules Court Statute Legal 105

Conflict of Laws

APRIL 20, 2022

“Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul. Beaumont, Paul R. Bonomi, Andrea.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul. Beaumont, Paul R. Bonomi, Andrea.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Forum non Conveniens and the EU rules on Conflicts of Jurisdiction: A Possible Global Solution”, Revue Critique de Droit International Privé 2018, pp 433-447. Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. University of Pittsburgh Law Review 82 (2021), pp.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 15, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II. 166-172 (available here ) Brand, Ronald A.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

JonathanTurley

NOVEMBER 24, 2020

Beshear has correctly cited a major victory recently before the Kentucky Supreme Court — an unanimous decision in favor of his authority to issue pandemic orders. On November 12, 2020, the Kentucky Supreme Court ruled unanimously in favor of the authority of the governor to issue pandemic orders.

Attorney 29

Attorney Litigation Litigating Entertainment 29

Conflict of Laws

SEPTEMBER 28, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40

Conflict of Laws

JUNE 21, 2022

Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. “Report of the Special Commission”, HCCH Prel.-Doc. Bibliography.

Drafting 40

Drafting Laws Litigation Litigating 40