This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme CourtDecisions and Post-Brexit Implications in the Journal of Private International Law.
In particular, the Court found that it could not impose a concrete minimum emission reduction target on Shell. This blog post explains some of the key takeaways from the appeal, highlighting some critical ground rules laid down by the court which may serve future litigation and several key challenges.
The court unanimously agreed that the case was moot – that is, no longer a live controversy – because the plaintiff in the case, Deborah Laufer, had voluntarily dismissed her lawsuit in the lower court. This article was originally published at Howe on the Court.
Appellate courts issued a bevy of important decisions applying federal benefits law in 2023, including a recent Second Circuit ruling in favor of Cornell University that deepened a circuit split and a Tenth Circuit finding that an Oklahoma law regulating pharmacy benefit managers was preempted.
At the risk of sounding like a lawyer: it will depend. The NFT will have to pass the Howey test, first described by the US Supreme Court in 1946. Most likely, it will take a couple of room-clearing courtdecisions to help owners and litigants navigate their waters. No changes to that contract are coming.
Share On Wednesday, the court heard oral argument in Shinn v. Ramirez and Jones , two death penalty cases that will determine whether prisoners may develop new evidence to support claims that their lawyers were constitutionally ineffective at trial. But a 2012 Supreme Courtdecision, Martinez v.
In this earlier blo g, I commented on the pending litigation over unanimous verdicts at courts-martial. As military defense lawyers we continue to support the advice given that the issue should be raised in all courts going forward. The update is that the Court of Appeals for the Armed Forces has decided United States v.
Arizona is one of the most significant Supreme Courtdecisions in American criminal procedure. Generally, if the police obtain a suspect’s statement in violation of Miranda , the government cannot use that statement against the defendant in court. Share Miranda v. 5) What about the costs?
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. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.
The Furman litigation was the culmination of a campaign conducted by a group of lawyers under the auspices of the NAACP Legal Defense Fund. They hoped the Supreme Court would strike down the death penalty because of its demonstrated racial discrimination and other inequities. The Furman Framework. Austin Sarat.
According to the court, its use of a two-stripe design infringed on adidas’s three-stripe mark, which it stated is a well-known trademark among a significant portion of the consuming public. The Dutch Supreme Courtdecision brings the case to an end.
In a previous ruling, the court of appeals had concluded that the 30-day statutory deadline is mandatory, with no room for flexibility. Based on that ruling, and looking to Supreme Courtdecisions rigidly construing similar statutory deadlines, the 11th Circuit held that Sanchez and Palacios were out of luck.
Arguing for the college, lawyer Richard Morris told the justices that the First Amendment’s free speech clause “unquestionably protects a member’s right to criticize the body on which they sit, but it does not insulate the member from the elected body’s speech in response.”
As always, we endeavor to collect all Chinese courtdecisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
The first question — if the patentee is involved in concurrent district court infringement litigation, at what step is the patent no longer enforceable? The affirmed PTAB decision found the claim invalid with a preponderance of the evidence. See, for instance, Moffitt v. Garr , 66 U.S. 273, 283 (1861) and Meyer v.
After a group of federal judges had recommended that an attorney who had represented her in other ADA cases be suspended from practicing law in Maryland because of repeated ethics violations, she explained, she had voluntarily dismissed her case in the district court and cannot refile it. He argued that she does not.
After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. Two years ago, in United States v. Coinbase, Inc. Bielski , 22-105. relisted after the Dec. 2 conference). United States v. Hansen , 22-179.
The second, and arguably more significant, policy prohibited its lawyers from civilly prosecuting companies for violating “requirements” set forth in agency guidance documents. The memorandum cites the 2019 Supreme Courtdecision, Kisor v. Wilkie , 139 S.
9] This approach is that a Nigerian court cannot assume jurisdiction where the cause of action arose in one State, or another foreign country. There is no provision of the Nigerian constitution that states that a court’s jurisdiction is limited to matters that occur within its territory.
As always, we endeavor to collect all Chinese courtdecisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
As always, we endeavor to collect all Chinese courtdecisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.
There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. When I imagine a foreign lawyer trying to explain this system to a foreign client, my heart fills with pity. Do state courts enforce these clauses at the same rate as federal courts?
The monograph predominantly examines 19 Indonesian courtdecisions on choice of law in international commercial contracts during the period, 2000-2020. This fourth chapter summarises and analyses 19 Indonesian decisions from 2000 to 2020. This decision has since been followed by many Indonesian judges. .’
Fourth, looking at the bigger picture, I generally acknowledge that the principle of pacta sunt servanda in enforcing choice of court agreements are aimed at enhancing the efficacy of business transactions and, legal certainty and predictability in international commercial litigation. The recent Court of Appeal’s decision in A.B.U.
While the Court acknowledged that the question of whether pre-1972 sound recordings were entitled to any public performance royalty under state law was one that was being litigated in a number of states (see our articles here and here ), the Court upheld the deduction from the SoundExchange royalty.
With the District Court of Delaware’s January 4 decision in a similar case (brought by GSK’s lawyers), Amarin v. Relying heavily on the Federal Circuit’s contention that the decision in GSK v. The Federal Circuit twice reversed the District Courtdecision at issue in GSK v. Teva , but Amarin v.
With the District Court of Delaware’s January 4 decision in a similar case (brought by GSK’s lawyers), Amarin v. Relying heavily on the Federal Circuit’s contention that the decision in GSK v. The Federal Circuit twice reversed the District Courtdecision at issue in GSK v. Teva , but Amarin v.
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Breaking) News From The Hague: A Game Changer in International Litigation? The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, Litigants”, New York University Law Review 94 (2019), pp 1210-1243. Bonomi, Andrea; Mariottini, Cristina M.
Lawyers objected but the judge let the testimony in. The system is at its most opaque when prosecutors know evidence is unfit for court but choose to game the rules, hoping judges and juries will believe it and vote to convict. People like Faria, defense lawyers and sometimes even the judges are blindsided. “I
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Appraisal of the Success of the Instruments of International Commercial Arbitration vis-a-vis International Commercial Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Resolution”, Journal of Dispute Resolution 2022-02, pp. Breaking) News From The Hague: A Game Changer in International Litigation?
Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? Biresaw, Samuel Maigreg.
Court of Appeals for the 4th Circuit agreed with Planned Parenthood and Edwards that the Medicaid Act creates individual rights that can be enforced under federal civil rights laws, and it barred the state from excluding Planned Parenthood from its Medicaid program.
In our humble opinion, this global cooperation of legal scholars and practitioners has contributed to making more visible what has been referred to elsewhere as the “College of International Lawyers”. Breaking) News From The Hague: A Game Changer in International Litigation? Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp.
Breaking) News From The Hague: A Game Changer in International Litigation? Cross-Border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention, Skopje 2021, pp. Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp. 187-214 Coco, Sarah E. 8 (2021), pp.
The second part is related to litigation, including the rules of jurisdiction and the system for the recognition of decisions. The study of the jurisdiction rules is ordered according to the type of litigation and the moment in which it arises, depending on whether the marriage is in force or has been dissolved by divorce or death.
Breaking) News From The Hague: A Game Changer in International Litigation? Cross-Border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention, Skopje 2021, pp. Mc Gill Journal of Dispute Resolution 6 (2019-2020), pp. 187-214 Coco, Sarah E. 8 (2021), pp.
Harvard professor Jonathan Zittrain and l were sitting down with Daniel Lewis and Nik Reed , the founders of a legal research startup named Ravel Law, along with lawyers from Harvard’s Office of General Counsel, Debevoise & Plimpton and Gundersen Dettmer. About the Author Adam Ziegler is a lawyer and software builder.
Glossip asked an Oklahoma court to set aside his conviction and sentence last year. In January 2023, he said, he had received for the first time files from the state indicating that prosecutors knew, but had not disclosed to Glossip or his lawyers, that Sneed had been prescribed lithium for bipolar disorder after his arrest.
We organize all of the trending information in your field so you don't have to. Join 99,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content