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Here the question is one of tort law–the court must consider whether the National Labor Relations Act (NLRA) preempts state law. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court. On January 10, the court will hear arguments in Glacier Northwest, Inc.
We have seen this pattern in Venezuela, Mozambique, Ukraine, Zambia, Liberia, PuertoRico, and in other sovereign and sub-sovereign borrowers. Until drafting practices converge on a consistent and coherent model, the choice-of-law question is likely to remain fodder for litigation.
He is facing both criminal and potential tort liability for the tiger incident. On the tort side, Cuevas is liable for any injuries caused by a wild animal in his possession. However, possession for roaming animals has been litigated. Cuevas’ bond now is revoked.
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