Conflict of Laws

JULY 5, 2021

Supreme Court decision 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 procedural law. The long-awaited U.S.

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Conflict of Laws

APRIL 29, 2021

German civil procedural law 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.

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Conflict of Laws

SEPTEMBER 1, 2022

Localising the place of damage in the context of capital investment cases is a perennial problem both under national and European civil procedural law. The Cologne court decision combined several precedents of the German Federal Court and the European Court of Justice. This norm is part of procedural law.

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Conflict of Laws

JUNE 2, 2022

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.

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Conflict of Laws

OCTOBER 3, 2024

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.

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Conflict of Laws

SEPTEMBER 14, 2023

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 court decisions that recognize foreign judgments are considered “rulings.” As discussed further below, the addition of “rulings” (??)

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Conflict of Laws

FEBRUARY 17, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Notification as a Ground for Refusal”, Netherlands International Law Review (NILR) 67 (2020), pp 81-95.

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Conflict of Laws

JANUARY 11, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Conflict of Laws

APRIL 20, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Conflict of Laws

FEBRUARY 16, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Conflict of Laws

NOVEMBER 23, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

DECEMBER 7, 2021

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Martiny, Dieter. Baden-Baden 2021, pp 127-146. Codifying Comity: The Case for U.S.

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Drafting Laws Litigating Litigation 52

Conflict of Laws

AUGUST 31, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Drafting Laws Litigating Litigation 40

Conflict of Laws

JUNE 21, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Drafting Laws Litigating Litigation 40

Conflict of Laws

SEPTEMBER 28, 2022

The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law 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 ).

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Conflict of Laws

JUNE 10, 2021

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 court decisions.”

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Conflict of Laws

AUGUST 30, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

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Conflict of Laws

APRIL 4, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

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Conflict of Laws

FEBRUARY 15, 2023

Martiny, Dieter “The Recognition and Enforcement of Court Decisions Between the EU and Third States”, in Alexander Trunk, Nikitas Hatzimihail (eds.), EU Civil Procedure Law and Third Countries – Which Way Forward?, Lignes de force, état des lieux et perspectives pour la Belgique », Journal des Tribunaux (JT) 2022-12, pp.

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SCOTUSBlog

OCTOBER 5, 2024

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.

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Conflict of Laws

DECEMBER 17, 2020

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 Court decisions.

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