Conflict of Laws

DECEMBER 4, 2024

In June this year, a new statutory provision came into force, adding, unexpectedly, new requirements for their enforceability. In this attempt to redistribute domestic litigation, the Brazilian legislator may well have thrown out the baby, international forum selection clauses, with the bathwater.

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Laws Contract Litigating Litigation 59

Law 360

MAY 2, 2024

A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

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Tort Court Decisions Litigating Litigation 52

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

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Contract Laws Statute Litigating 96

Mondaq

SEPTEMBER 8, 2021

A recent trial court decision offers some encouragement for certain businesses facing the ongoing wave of litigation in which plaintiffs are asserting claims under Title III of the Americans with Disabilities Act (ADA).

Court Rules 40

Court Rules Court Decisions Litigating Litigation 40

ClimateChange-ClimateLaw

APRIL 18, 2023

In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” New York is located in the Second Circuit, further insulating it from the CRA v.

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Law 360

JUNE 29, 2023

Grubhub, Postmates and Uber along with customers suing the companies jointly urged a New York federal court on Thursday to pause the case following a U.S.

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Court Decisions Litigating Litigation Court 40

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. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

At the Lectern

AUGUST 20, 2021

Last week, the two wrote in the New York Times that it would violate the federal constitution to have a replacement candidate become governor if he or she received fewer votes than the number of votes cast against recalling Newsom. Are two unpublished Supreme Court decisions on recall elections precedential?

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Court Law School Court Decisions Litigating 49

The Fashion Law

OCTOBER 11, 2021

The thing about famous trademarks is that they make strong images in people minds,” he told the New York Times , “but when consumers see imitations without the ability to compare products side by side, there is a resonance, there is a recognition: ‘Oh, is that Adidas?’“. The Dutch Supreme Court decision brings the case to an end.

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Sports Court Legal Legal 125

LexForti

APRIL 22, 2021

The defendant-appellant moved to compel the arbitration and stay the litigation since there was an arbitration clause contained withing the partnership deed. The court therefore, declined again to apply the Indian Law and instead applied federal substantive law and ordinary contract and agency principles.

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Laws Manufacturing Court Contract 52

Conflict of Laws

SEPTEMBER 30, 2024

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. Dawei Gongsun, Partner at DGW Kramer LLP (New York). [1]

Cause of Action 64

Cause of Action Divorce Lawyer Lawyers 64

Broadcast Law Blog

FEBRUARY 17, 2017

This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings.

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Court Entertainment Court Decisions Litigating 40

Broadcast Law Blog

AUGUST 24, 2016

In the interim, the radio industry is negotiating new royalties with both of these organizations, as the current license agreements expire at the end of this year (see our article here ). Rates under the settlements, which will be decided by arbitration if not resolved by negotiation, are currently being worked on.

Court Decisions 65

Court Decisions Litigating Litigation Court 65

Conflict of Laws

AUGUST 22, 2023

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. Dawei Gongsun, Partner at DGW Kramer LLP (New York).

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

Broadcast Law Blog

AUGUST 21, 2018

The decision looks like a simple premise that digitization is no magic bullet to defeat pre-1972 sound recording claims, but there is much to unpack in this seemingly straightforward decision. First, we need to provide a little background on the litigation over pre-1972 sound recordings.

Court Decisions 40

Court Decisions Court Laws Litigating 40

Conflict of Laws

AUGUST 24, 2022

As always, we endeavor to collect all Chinese court decisions 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.

Compensatory Damages 52

Compensatory Damages Punitive Damages Cause of Action Divorce 52

Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings.

Court 40

Court Constitutional Law Laws Court Decisions 40

ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

Court 64

Court Court Decisions Government Laws 64

Conflict of Laws

MAY 17, 2023

These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. The state courts in Florida and Connecticut have become more likely to enforce in recent years. The state courts in Georgia have become less likely to enforce in recent years. They apply federal common law.

Court 52

Court Statute Lawyer Lawyers 52

Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

Court 40

Court Court Decisions Statute Laws 40

Broadcast Law Blog

JULY 1, 2015

It may mean that Sirius was tired of the litigation, and wanted to buy peace, at least with the major labels. The litigation may also have been interfering with other business between the company and the labels, so peace may have brought some security. What does this settlement mean?

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Court Litigating Litigation Laws 40

Constitutional Law Reporter

JUNE 17, 2022

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. Often, Boule would agree to help illegal border crossers enter or exit the United States, only to later call federal agents to report the unlawful activity. Anderson v. Creighton , 483 U.S. 635 (1987).

Cause of Action 52

Cause of Action Court Tort Immigration 52

ClimateChange-ClimateLaw

JULY 6, 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. New York Trial Court Set Parameters for Exxon’s Compliance with Attorney General’s Climate Change Investigation.

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Court Litigating Litigation Attorney 40

ClimateChange-ClimateLaw

DECEMBER 11, 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. On November 23, GM announced that it was withdrawing from the litigation. New York v. and non-U.S.

Court 59

Court Government Litigating Litigation 59

Conflict of Laws

NOVEMBER 17, 2021

Therefore, the discrepancy between pre-decision opinion and final award does not amount to annulment of the award. [xv]. The abovementioned court decisions are somehow problematic: the pre-decision notification is by no means a mere investigating tool for the tribunal. Preference of Parties.

Legal 40

Legal Legal Court Laws 40

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. The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. New York and 335-7 LLC v.

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Tort Court Litigating Litigation 114

Conflict of Laws

JANUARY 24, 2022

Jean Mohamed: Die aktienrechtliche actio pro socio im globalen Kontext – Zur Abgrenzung von materiellem Recht und Verfahrensrecht im anglo-amerikanischen Rechtskreis am Beispiel der derivative action in New York. courts for use in foreign proceedings. Paul Achleitner et al.,

Litigating 52

Litigating Litigation Laws Court 52

Conflict of Laws

FEBRUARY 17, 2021

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?”, The Value of a New Judgments Convention for U.S. Coco, Sarah E. Cuniberti, Gilles.

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

APRIL 20, 2022

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? rs-953987/v1 ).

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

FEBRUARY 16, 2022

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? rs-953987/v1 ).

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

JANUARY 11, 2022

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? rs-953987/v1 ).

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

NOVEMBER 23, 2021

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? rs-953987/v1 ).

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

DECEMBER 7, 2021

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? rs-953987/v1 ).

Drafting 52

Drafting Laws Litigating Litigation 52

Conflict of Laws

AUGUST 31, 2022

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? rs-953987/v1 ).

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

JUNE 21, 2022

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? rs-953987/v1 ).

Drafting 40

Drafting Laws Litigating Litigation 40

Conflict of Laws

SEPTEMBER 28, 2022

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?

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Drafting Laws Litigating Litigation 40

SCOTUSBlog

JANUARY 13, 2025

The court of appeals relied on the Supreme Courts 1968 decision in Ginsberg v. New York holding that states may restrict young peoples access to sexual materials that are harmful to them. Therefore, Texas concludes, the Supreme Court should retain that status quo while litigation continues.

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