Conflict of Laws

MARCH 23, 2024

Rademacher then analysed whether punitive elements could be found in German tort law. through the Law Reform Act 1934 and the Competition Act 1998), this has not prevented English courts from awarding punitive damages for common law torts such as defamation and trespass to the person, as has been established in Rookes v.

Punitive Damages 59

Punitive Damages Compensatory Damages Tort Civil Law 59

Conflict of Laws

SEPTEMBER 1, 2022

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. The refusal to provide information per se is not a tort in the sense of Article 7 No. Spickhoff: Contract and Tort in European Jurisdiction – New Developments. found differently.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. He based his claim on tort. The plaintiff argued that the producer of the car had used illegal software to manipulate the results of the emissions tests.

Contract 52

Contract Tort Court Litigating 52

Conflict of Laws

MAY 9, 2023

In the request for a constitutional review of 2020, the applicants argue that, according to the settled case law of the Polish Supreme Court, Article 1103[7](2) PL CCP does not cover the torts committed by a foreign State to the detriment of Poland and its nationals. No mention is made there to the international customary law.

Court 40

Court Constitutional Law Laws Legal 40

JURIST

JULY 31, 2023

There is no parliamentary statute, like the Crown Proceedings Act 1947 in the UK and Federal Torts Claims Act 1946 in the USA, that provides citizens the right to pursue tortious remedies against the government, nor is there any clear precedent set by the superior courts of the country that establishes the same.

Tort 197

Tort Statute Legal Legal 197

SCOTUSBlog

JANUARY 16, 2022

Cassirer’s heirs make three main arguments. Second, Congress enacted the FSIA in light of the background principle of federalism that state law, including state choice-of-law doctrines, should apply to state causes of action, and nothing in the statute indicates any intent to deviate from that principle. In Richards v.

Tort 125

Tort Court Laws Litigating 125

JonathanTurley

OCTOBER 31, 2021

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. Such candies include the main active ingredient linked to the psychedelic effects of cannabis – the plant from which marijuana is derived.

Tort 48

Tort Litigating Litigation Construction 48

JonathanTurley

OCTOBER 30, 2022

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.

Tort 46

Tort Litigating Litigation Construction 46

Conflict of Laws

APRIL 25, 2025

She deemed this differentiation to be of great importance to assess the applicable law: for extrinsic tokens, the statute of the represented asset must be considered. While some tokens are regulated, e.g. by Sec.32 However, he found the most promising solution to lie at the heart of conflict of laws theory: substantive law consideration.

Laws 64

Laws Legal Legal Court 64

LettersBlogatory

AUGUST 23, 2021

Phillip decision , I am in the unhappy position of having to side with the Nazi collaborators on the main legal issue in the case. As with the Germany v. Judge Easterbrook’s opinion does a good job of illustrating the many fast-moving pieces on the board.

Cause of Action 52

Cause of Action Statute Tort Court 52

Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. The article argues that in general the interpretation of choice of court agreements is subject to the lex causae of the main contract. 1 Brussels Ia Regulation/Art.

Divorce 52

Divorce Contract Tort Court 52

JonathanTurley

DECEMBER 7, 2023

We have previously discussed retraction statutes that can limit damages or actions. That means that this fight will likely happen again, but in the meantime, the case is going forward on the main defamation claim. On March 20, Spears’s attorney demanded a public retraction of the statements pursuant to Ala.

Punitive Damages 52

Punitive Damages Sports Statute Contract 52

SCOTUSBlog

FEBRUARY 26, 2025

The officer noticed his Maine license plate and watched him walk off the property wearing a backpack. courts to foreign tort claims lacking any meaningful nexus to the United States; and (2) whether the 8th Circuit erred in holding that the U.S.-Peru courts to adjudicate foreign environmental tort claims. Webb Company v.

Court 78

Court Tort Statute Personal Injury 78

SCOTUSBlog

APRIL 2, 2025

She acknowledges that the statute does not allow recovery for all harms, because the explicit permi[ssion of] recovery for harms to business and property implicitly excludes recovery for harm to ones person. Barrett presents the main argument of the defendants (led byMedical Marijuana, Inc.,

Personal Injury 72

Personal Injury Tort Court Litigating 72

Conflict of Laws

MARCH 1, 2023

Schwemmer: Direct tort claims of the creditors of an insolvent company against the foreign grandparent company In its ruling of 10 March 2022 (Case C-498/20 – ZK./. So the main question was now where the harmful event occurred within the meaning of Art. 14 EU Service Regulation 2007. 2 of the Regulation.

Tort 52

Tort Court Contract Laws 52

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.

Tort 57

Tort Litigating Litigation Construction 57

ClimateChange-ClimateLaw

APRIL 23, 2021

In my view, the court missed the mark, in the main. Environmental Protection Agency to regulate greenhouse gases, and that this authority may prove central to addressing climate change under the statute. Indeed, the plain meaning of the statute, its structure, and its purposes all support the Second Circuit’s conclusion.

Statute 75

Statute Laws Court Court Decisions 75

JonathanTurley

DECEMBER 15, 2021

He also repeats his main defense that Giuffre signed a release that bars her lawsuit against him. “[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes.

Statute 45

Statute Tort Laws Court 45

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

In addition, the First Circuit asked the Maine Law Court also to address whether the CCA impliedly preempted the local ordinance. If the renewal license was an order, the First Circuit asked the state court to address whether the CCA expressly preempted the ordinance challenged in this case. Portland Pipe Line Corp. 18-2118 (1st Cir.

Court Reporting 40

Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Maine High Court Said State Law Would Not Preempt Local Ordinance Prohibiting Crude Oil Loading.

Cause of Action 96

Cause of Action Court Government Litigating 96

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. University of North Carolina.

Healthcare 102

Healthcare Tort Education Court 102

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Department of Energy , Nos.

Court 45

Court Statute Government Litigating 45

SCOTUSBlog

JUNE 28, 2021

corporations can be sued for violations of the Alien Tort Statute, the law on which the Iraqi plaintiffs were relying, at all. In August 2020, then-Acting Solicitor General Jeffrey Wall suggested that the justices put CACI’s case on hold until their ruling in Nestle v. Doe , in which they were considering whether U.S.

Immigration 107

Immigration Court Government Work From Home 107

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order.

Court 122

Court Statute Litigating Litigation 122