Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. The Jurisdiction of the Chinese Court: Prorogated Jurisdiction.

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ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp. Chevron Corp.

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Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Day on Torts

FEBRUARY 8, 2022

Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. Plaintiff argued that the misrepresentations negated her consent, making the surgical procedure a medical battery, but the Court ruled that the HCLA still applied. Click on the link to see the book’s Table of Contents.

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JURIST

FEBRUARY 26, 2021

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. ” The case now returns to the Sixth Circuit for further consideration on this issue.

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SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. Craigslist, Inc. ,

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Conflict of Laws

MAY 26, 2021

Though decided almost four months ago, the case merits discussion of several private international law aspects that will perhaps become one of the milestones in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. in the 2015 ruling). Application of (substantive) Nigerian law.

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Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

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Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.

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ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The adopted constitutional law adds an express reference to the protection of the environment and animals, by amending Articles 9 and 41 of the Italian Constitution.

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Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. Defendants first argued that Mr. Mosby’s actions in this case qualified as an assault or battery, an intentional tort for which immunity would not be removed.

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SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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JonathanTurley

JUNE 16, 2021

The use of force in such a circumstance is justified under Indiana Code 35-41-3-3(b): A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. ?However, The only question is whether this is actionable as a matter of torts.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied.

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JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. However, some states have passed laws limiting its impact. In Nebraska, the state supreme court previously ruled in Munstermann v.

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Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria. The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] In Nwabueze v.

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Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. It not only introduces corporate responsibility for human rights violations and environmental damage – as already found in some national laws (e.g. 22 (5) CSDDD.

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JonathanTurley

NOVEMBER 9, 2021

The 76-year-old musician has been objecting to government-imposed restrictions on live music performances, according to the BBC. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Conflict of Laws

DECEMBER 13, 2022

After an overview of the application of the WAMCA, which has been introduced in a different context on this blog earlier , we will discuss how the Court assessed the question of international jurisdiction. Over one-third of the cases are cross-border cases and thus raise questions of international jurisdiction and the applicable law.

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Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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JonathanTurley

MAY 3, 2021

Donnitta Sinclair lost her son, Horace Lorenzo Anderson, across from Cal Anderson Park, which was a focus of the mob’s “re-imagining” government. The immunity doctrine protects government officials from lawsuits over their discretionary decisions and actions. In 1855, the Supreme Court ruled in South v.

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Conflict of Laws

AUGUST 30, 2021

While the discussion on how liability for damages caused by autonomous systems, or “artificial intelligence”, should be integrated into the substantive law is well advanced, the private international law aspect has, so far, been neglected.

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Patently O

FEBRUARY 22, 2023

1] He is also an adjunct professor at American University Washington College of Law. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5]

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Conflict of Laws

MARCH 19, 2021

Wagner: European Conflict of Law 2020: EU in crisis mode! It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. 1 Lugano Convention 2007 vis-à-vis claims in tort.

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JonathanTurley

NOVEMBER 20, 2021

Moreover, while some have called for reducing self-defense protections, the jury applied the law on the books. It is not allowed to simply ignore the law to seek its own criminal justice rules. The Rittenhouse jury faithfully applied the Wisconsin law and came to a well-founded verdict of acquittal. Civil Liability.

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JonathanTurley

OCTOBER 31, 2023

The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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SCOTUSBlog

NOVEMBER 22, 2023

McElrath renews that argument in the Supreme Court, while the state defends the Georgia Supreme Court’s ruling. Under state law, Georgia contends, there was never a valid verdict in McElrath’s case, and he can therefore be retried. The justices will then hear the first immigration case of the term. taxpayers.

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SCOTUSBlog

MAY 2, 2022

Talevski , involving whether federal laws enacted under Congress’ spending clause power allow a plaintiff to file a federal civil rights claim for their violation. The question comes to the court in a case brought by the spouse of a state-run nursing home for violations of the Federal Nursing Home Reform Act. of Marion County v.

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SCOTUSBlog

DECEMBER 3, 2021

The law further provides that if the president “determines … to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action.”. United States. Students for Fair Admissions, Inc.

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JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I regularly criticized Donald Trump for his calls to change defamation laws. The Court in cases like New York Times v. The Lincoln Project is the latest example. Phelps , 562 U.S.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

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. Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. and non-U.S. climate litigation charts. Rhode Island v. Jewell , No.

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SCOTUSBlog

JUNE 16, 2022

The petitioners also ask the court to overrule Employment Division v. Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. The court faced but did not decide the issue of whether to overrule Smith in Fulton v. Both the district court and the U.S.

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JonathanTurley

MARCH 5, 2023

After a public outcry forced the Biden Administration to kill its infamous Disinformation Government Board, Jankowicz became famous or infamous as the head of the board. She demanded that both tech companies and government should work together using “creativity and technological prowess to make a pariah of online misogyny.”

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. He is facing criminal charges in New York.

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