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This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in TortLitigation against Multinational Companies in the English Courts: Recent UK Supreme CourtDecisions and Post-Brexit Implications in the Journal of Private International Law.
However, it’s essential to understand that the kind of litigation paralegal role you choose will influence your job satisfaction. 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.
A New York federal court'sdecision 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.
The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-courtdecision limiting the enforcement of choice-of-law clauses in those contracts. Raiders Retreat Realty surprised anybody familiar with last fall’s oral argument.
Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.
Several of them are sequels to earlier high courtdecisions. First Amendment The current court is very solicitous of First Amendment rights. King sued them under the Federal Tort Claims Act and under Bivens v. The district court dismissed both, King appealed only the Bivens action, and the U.S.
However, despite allowing the Minister’s appeal, the Court rejected the Minister’s argument that the primary judge made findings based on evidence of climate change that were unfounded. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal CourtDecision .
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.
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.
F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?” This article assesses these decisions and their significance for transnational corporate accountability.
The study examines European courtdecisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children. It suggests that Japan might consider recognizing parentage through foreign decisions.
Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original version can be found at Transnational Litigation Blog. The district court initially held that all the claims were barred by the FSIA, but the Eighth Circuit reversed on the hoarding claim. Reposted with permission.
On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. The refusal to provide information per se is not a tort in the sense of Article 7 No.
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 Turkish guest unlawfully entered Canada later that evening. Anderson v. Creighton , 483 U.S. 635 (1987).
The monograph predominantly examines 19 Indonesian courtdecisions on choice of law in international commercial contracts during the period, 2000-2020. This decision has since been followed by many Indonesian judges. .’ A robust and clearly expressed methodology of doctrinal and empirical research is applied.
Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. It is unclear if Chinese courts applying the FSIL will reach the same conclusion. to Article 14(3) is significant because Chinese courtdecisions that recognize foreign judgments are considered “rulings.”
While the Supreme Court routinely throws out lower-courtdecisions 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.) Relisted after the Jan. 10 and Jan 17 conferences.)
The result of the authors’ analyses of Nigerian appellate courts’ cases bordering on the jurisdiction of Nigerian courts in actions in personam arising from causes of action which accrue outside the territorial jurisdiction of the courts is particularly eye-opening.
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.
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. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. CLIMATE LITIGATION CHART.
United States , 24-275 Issue: Whether a litigant who files a notice of appeal after the ordinary appeal period under 28 U.S.C. Judicial factfinding for restitution Under Apprendi v. Osseo Area Schools, Independent School District No. Relisted after the Jan. 10 conference.) Relisted after the Jan. 10 conference.) Relisted after the Jan.
Court of Appeals for the Federal Circuit reversed, ruling that the 50% tariff was part of an ongoing plan of action that Trump had properly initiated earlier. Courts of Appeals for the 6th, 9th, and 10th Circuits hold), or whether the alleged conduct of the local defendant must be different from that of the non-local defendants (as the U.S.
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. She also was persuaded that Congress had ratified the lower appellate courtdecisions holding that there was a narrower scope of review.
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. The conservation groups’ appeal of the district courtdecision is still pending, with the opening brief due on July 12.
The threat to the free press is obvious and was the basis for foundational courtdecisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.
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. HERE ARE RECENT ADDITIONS TO THE INTERNATIONAL CLIMATE LITIGATION CHART. By Margaret Barry and Korey Silverman-Koati.
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