At the Lectern

APRIL 12, 2023

One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. 5th 827 — “ Helping a teen boy escape El Salvadorian gangs and become a lawful resident.” 5th 93 — “ Missed break premiums count as wages, State Supreme Court rules.” 2022) 13 Cal.5th ” In Saul H. ,

Lawyers 81

Lawyers Lawyer Immigration Court 81

Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? It suggests that Japan might consider recognizing parentage through foreign decisions.

Laws 59

Laws Divorce Legal Legal 59

Conflict of Laws

JUNE 7, 2022

The first issue of the Journal of Private International law for 2022 was released yesterday. F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?”

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Laws Tort Drafting Litigating 40

Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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Laws Stare Decisis Legal Legal 52

Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 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.

Contract 52

Contract Laws Civil Law Procedural Law 52

SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce.

Immigration 77

Immigration Statute Government Tort 77

SCOTUSBlog

JANUARY 10, 2023

Share In Re Grand Jury asks how courts should assess attorney-client privilege when a client seeks partly legal and partly nonlegal advice from a lawyer and the two parts cannot be disentangled. It may have reminded her of her first-year torts class. Monday’s oral argument exposed weaknesses and strengths in each side’s position.

Attorney 101

Attorney Lawyers Lawyer Legal 101

ClimateChange-ClimateLaw

JUNE 26, 2023

et al. ) This blog post explores how the citizens in Kobe, a city in west Japan, attempted to stop the construction and operation of new coal-fired power plants through administrative and civil law actions. Those rights are established through case law and frequently invoked in environmental pollution cases. Kobe Steel Ltd.,

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Court Construction Litigation Litigating 115

Conflict of Laws

FEBRUARY 27, 2022

Professor Kerameus started his academic career at the Law School of the Aristotle University of Thessaloniki, in his home town, and completed his career at the University of Athens. He taught Civil Procedure, Comparative and International Procedural Law in Greek and other leading Universities abroad.

Procedural Law 52

Procedural Law Law School Tort Contract 52

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

Court 52

Court Tort Cause of Action Litigating 52

Paralegal Bootcamp

JULY 24, 2023

This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation. There is a very large gap in salaries when you look at BigLaw in big cities compared to small law firms in smaller regional markets.

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Paralegal Paralegals Litigation Litigating 130

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. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JULY 5, 2021

After five years of application of the European Succession Regulation it is time to have a look at European court practice: The general connecting factor of habitual residence has somehow been addressed by the European Court of Justice (ECJ) in E.E. , 102 TFEU and/or national competition law rules. The long-awaited U.S.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

JUNE 2, 2022

During the second year, the focus of the issues will now be shifting to individual disputes, influenced by European procedural or private international law. Georgiadis; Supreme Court decision No 1127/2020, on the applicable law on limitation periods in case of a lawsuit of an insurance company against a carrier, with commentary by Dr. A.

Tort 40

Tort Procedural Law Court Laws 40

Constitutional Law Reporter

JUNE 17, 2022

Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). The post Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent appeared first on Constitutional Law Reporter.

Cause of Action 52

Cause of Action Court Tort Immigration 52

SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. In an unusual move, Konan, reprented by the Stanford Law School Supreme Court Litigation Clinic, has filed a conditional cross-petition ( Konan v.

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Tort Court Litigation Litigating 104

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

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. The court rejected Exxon’s argument that it could withhold documents based on an accountant-client privilege under Texas law. and non-U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

SCOTUSBlog

AUGUST 21, 2024

Here’s the Wednesday morning read: Voters in Arizona and Montana can decide on constitutional right to abortion (Sejal Govindarao & Amy Beth Hanson, The Associated Press) Trial date set for man accused of attempting to assassinate Justice Kavanaugh (Jordan Fischer, WUSA9) Supreme Court decisions could determine future of clean air, water in East (..)

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Tort Court Decisions Court Laws 106

SCOTUSBlog

MARCH 20, 2025

The Supreme Court is hitting its stride in sorting through the relists. At its last conference, it granted review of a one-time relist asking whether federal courts must follow state law requiring medical malpractice claims to be supported by an expert affidavit. New Relists Escobar v.

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Court Attorney Tort Laws 99

SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. Court of Appeals for the 9th Circuit rejected that claim. Tingley also asks the court to overrule Employment Division v. Four years ago, the Supreme Court held in Nieves v.

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Tort Court Litigating Litigation 122

Conflict of Laws

MARCH 18, 2025

Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original complaint asserted four claims under Missouri tort law: (1) public nuisance, (2) abnormally dangerous activity, (3) breach of duty by allowing the transmission of COVID, and (4) breach of duty by hoarding PPE.

Tort 67

Tort Court Government Laws 67

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.

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Drafting Court Laws Tort 49

Conflict of Laws

APRIL 26, 2021

Dickinson: Realignment of the Planets – Brexit and European Private International Law. Thirdly, by considering the impact on the UK’s and the EU’s relationships with third countries, with particular reference to the 2007 Lugano Convention and Hague Choice of Court Convention.

Contract 52

Contract Legal Legal Procedural Law 52

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. 2021 Federal Court Decision .

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Litigating Litigation Court Personal Injury 40

SCOTUSBlog

MARCH 26, 2025

Congress passed the law to create a national framework for congressional and presidential elections. The law sets specific rules for campaign spending and gives the Federal Election Commission (FEC) broad power to regulate elections under those rules. A quarter-century later, in 2001, the court in FEC v.

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Court Court Decisions Tort Government 91

JURIST

JANUARY 14, 2025

The Supreme Court of the United States (SCOTUS) on Monday refused to hear the appeals of multiple oil companies alleging that a negligence lawsuit against them violates the US Constitution’s separation of powers and federal common law. Oullett e, can only be brought in the origin state for the emissions.

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Tort Court Government Court Decisions 223

JonathanTurley

NOVEMBER 27, 2022

Hiding in plain sight a Supreme Court case involving a federal child porn law… Stop sexualizing kids to sell your ugly overpriced crap. It claims economic damages from being “falsely and horrifically associated with the repulsive and deeply disturbing subject of the court decision.” @AlisonHowardC.

Court 51

Court Depose Court Decisions Cause of Action 51

SCOTUSBlog

APRIL 2, 2025

one of the the businesses that made the THC-laced CBD products at the center of the case) as viewing the reference to a plaintiff injured in a particular way as having a specialized meaning under which the originating injury must be an invasion of a business or property right that amounts to a business or property tort.

Personal Injury 83

Personal Injury Tort Court Litigating 83

SCOTUSBlog

JANUARY 23, 2025

While the Supreme Court routinely throws out lower-court decisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Relisted after the Jan. 10 and Jan. 17 conferences.)

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Court Tort Education Government 114

ClimateChange-ClimateLaw

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. The court correctly noted that, under the Supreme Court’s holding in American Electric Power v.

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Statute Laws Court Court Decisions 75

ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S. Jewell , No.

Court 40

Court Statute Government Tort 40

SCOTUSBlog

DECEMBER 3, 2021

The law further provides that if the president “determines … to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action.”. Issues : (1) Whether the Supreme Court should overrule Grutter v.

Healthcare 101

Healthcare Tort Education Court 101

SCOTUSBlog

JANUARY 16, 2025

But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. A group of states brought suit in a federal district court in Kentucky, challenging the constitutionality of the HISA and its funding mechanism. The en banc 4th Circuit upheld the law.

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Tort Statute Court Laws 105

JonathanTurley

DECEMBER 27, 2020

Now, Harvard Law Professor and Bloomberg columnist has added a Trump-like call for the use of defamation lawsuit to combat “fake news.” The threat to the free press is obvious and was the basis for foundational court decisions. Sullivan, sued for defamation and won under Alabama law. seven times.

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Laws Tort Law School Constitutional Law 55

ClimateChange-ClimateLaw

JUNE 8, 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. She also was persuaded that Congress had ratified the lower appellate court decisions holding that there was a narrower scope of review. and non-U.S.

Court 45

Court Statute Government Litigating 45

ClimateChange-ClimateLaw

JULY 2, 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. The cities also have filed a motion to amend their complaints to withdraw federal common law public nuisance claims that they added after the district court denied remand.

Court 49

Court Litigating Litigation Statute 49

ClimateChange-ClimateLaw

APRIL 9, 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. Second Circuit Rejected New York City’s State Law Climate Claims Against Oil Companies. By Margaret Barry and Korey Silverman-Koati. and non-U.S. 3d 849 (9th Cir.

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Court Statute Litigating Litigation 122