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But in any event, because under a separate federal procedurallaw RJR Vapor and the retailers will still wind up in the 5th Circuit challenging the marketing denial order, the Supreme Courtsdecision wont make a difference in this case. A decision in the case is expected by summer.
In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Courtdecisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.
The monograph predominantly examines 19 Indonesian courtdecisions on choice of law in international commercial contracts during the period, 2000-2020. Procedurallaw matters are reserved for the forum, and some Indonesian judges only appear to see the procedural aspects of choice of law.
Although some questions remain as to the reach of this case and its consequences, it remains a very important decision and therefore warrants attention. Facts The summaries of facts in UAE courts’ decisions are sometimes sparse in details. This one particularly lacks the information necessary to fully understand the case.
The FSIL’s reciprocity clause is consistent with the emphasis on reciprocity that one finds in other provisions of Chinese law. to Article 14(3) is significant because Chinese courtdecisions that recognize foreign judgments are considered “rulings.” As discussed further below, the addition of “rulings” (??)
Jurisdiction is a fundamental aspect of Nigerian procedurallaw. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]
Nitschmann: The consequences of Brexit on Civil Judicial Cooperation between Germany and the United Kingdom The United Kingdom’s withdrawal from the European Union has far-reaching consequences for international civil procedurelaw. A reshaping of Art. grCCP was beyond the “mission statement” of the drafting Committee.1
In particular, the court quoted the observations that Chinese “[j]udges regularly received political guidance on pending cases, including instructions on how to rule, from both the government and the [Chinese Communist Party], particularly in politically sensitive cases” and that “[c]orruption often influenced courtdecisions.”
German civil procedurallaw allows for video hearings under section 128a (1) German Code of Civil Procedure. Things are cetainly more difficult when it comes to the taking of evidence. The Panel has done this only once so far, apparently within the scope of application of the EU Taking of Evidence Regulation.
In order to obtain a recognisable filiation decision in favour of the intended parents, a (declaratory) courtdecision is sought in Ukraine after the childs birth. Such a courtdecision can be recognised in Germany under procedurallaw.
German civil procedurallaw allows for video hearings under section 128a (1) German Code of Civil Procedure. Things are certainly more difficult when it comes to the taking of evidence. The Panel has done this only once so far, apparently within the scope of application of the EU Taking of Evidence Regulation.
Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedurallaw. The Cologne courtdecision combined several precedents of the German Federal Court and the European Court of Justice. This norm is part of procedurallaw.
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 ProceduralLaw in Greek and other leading Universities abroad.
Lagoudi; Court of First Instance Korinthos No 1/2022, on the topic of parental care and maintenance of an out-of-marriage minor by parents of foreign citizenship, with commentary by Dr. G.-A. The issue includes as well the legal opinion of Professor Emeritus at the University of Athens Mr.
Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil ProcedureLaw. Even more so, qualifying them adequately and predictably under European civil procedurelaw poses a challenge that the European Court of Justice (ECJ) has not yet resolved across the board.
Supreme Courtdecision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. The decision also deals with questions of German procedurallaw. The long-awaited U.S.
Gssl: Birth registrations and (no) procedural recognition in Ukrainian surrogacy cases (German) In two cases, the BGH dealt with the attribution of parenthood to a child born to a surrogate mother in Ukraine. Under Ukrainian law, the German intended parents would have been the legal parents.
In the judgment C-568/20, the CJEU held that a decision of a court of an EU Member State which merges a judgment of a third state is enforceable under Articles 39 ss of the Brussels Ibis Regulation. The decision concerns a classical question of classification: the delimitation of succession law from procedurallaw.
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Notification as a Ground for Refusal”, Netherlands International Law Review (NILR) 67 (2020), pp 81-95.
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
Illinois , holding that if prosecutors obtain a conviction using what they know is false testimony, the conviction must be set aside if there is “any reasonable likelihood” that the false testimony could have affected the jury’s decision.
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S. “The 21-19 (available here ).
What I would consider as an ambitious aspect of the book, however, is the authors’ categorical position regarding the non-binding effect of the obiter dicta of some Supreme Courtdecisions.
Martiny, Dieter “The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
Martiny, Dieter “The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
Martiny, Dieter “The Recognition and Enforcement of CourtDecisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil ProcedureLaw and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.
However, Arroyos ADA claim had already been decided in his favor, and the only remaining issue was his state law claim for damages under the Unruh Act. Decision The Ninth Circuit reversed the district courtsdecision to dismiss the Unruh Act claim, ruling that the federal court should have kept jurisdiction over it.
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