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Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? As William Harrington, the U.S.
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. A tort action for intentional infliction of emotional distress is likely to fail. The next scary moment is likely to be in the form of a torts complaint.
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.
The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. Indeed, its main component — a law allowing citizens to sue gun manufacturers — will be as productive as trying to win the New York Marathon by running furiously in place. Andrew Cuomo. Of the $138.7
On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.
Asser Institute for International & European Law, The Hague Mexico’s ongoing transnational litigation against the firearms industry in U.S. courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. On appeal in the U.S. and in respect to U.S.
The way over unjust enrichment resulting from a invalid contract has the charming effect that you do not have to apply Rome IIs general tort rule (Article 4 para. Most cases are initiated by consumers who did not buy directly from the manufacturer but through a local dealer, so there is no direct contractual link.
Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. Yet the torts system has an elaborate and well-functioning system of product liability. Companies can be held strictly liable for products that are defective in design, manufacture or warnings.
Essentially, the Texas Two-Step refers to a legal maneuver in which a parent company transfers its tort liabilities to a spin-off entity that remains under the parent company’s control. The new entity then files for bankruptcy, shielding the assets of the parent company from litigants’ claims.
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. 24, 2016).
The lawsuit commenced by the migrant workers from Nepal and Bangladesh is an example of business and human rights litigation against British multinationals for the damage caused in their overseas operations. The factory where alleged abuses took place manufactured products and components for Dyson products.
Dodge (George Washington University Law School) and first published on Transnational Litigation Blog. The original version can be found at Transnational Litigation Blog. factories [in China] and the direct hoarding of PPE manufactured or for sale in the United States. This article was written by Prof. Reposted with permission.
However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.
The way over unjust enrichment resulting from a invalid contract has the charming effect that you do not have to apply Rome IIs general tort rule (Article 4 para. Most cases are initiated by consumers who did not buy directly from the manufacturer but through a local dealer, so there is no direct contractual link.
US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). where was the defective product manufactured, or where was the injury sustained). In aid of these clauses, Carnival sought a stay of the proceedings vis-à-vis the UK and US passenger subgroups.
The manufacturer of the drug, Purdue Pharma, promoted the drug as less susceptible to abuse, but OxyContin proved instead to be highly addictive. Monday’s oral argument was the latest chapter in four years’ worth of litigation over the efforts to seek a fresh start in the face of the opioid lawsuits. Both the U.S.
es the threat posed to companies that rely on third-party manufacturers. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Romag solidi?es Summary of the Supreme Court’s Opinions. We think the latter.
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.
In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.
The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. YouTube screengrab. DeSantis.
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. American Fuel & Petrochemical Manufacturers v. The court also declined to “create a new tort named abusive litigation.”
An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers.
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. Truck Trailer Manufacturers Association, Inc. CLIMATE LITIGATION CHART. and non-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. CLIMATE LITIGATION CHART. and non-U.S. If you know of any cases we have missed, please email us at columbiaclimate@gmail.com.
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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