Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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Court Cause of Action Laws Contract 67

Conflict of Laws

JUNE 8, 2021

1 ) [2] (reported on June 7, 2021), one of the issues for determination was whether the High Court of the Federal Capital Territory, Abuja possessed territorial jurisdiction to handle a dispute between members of Nigeria’s ruling political party. The cause of action arose within the Federal Capital Territory or.

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

and global climate litigation movement. Moreover, the case in Puerto Rico comes after recent litigation successes in Europe and elsewhere around the world, with courts holding governments and companies accountable for climate harms. climate litigation brought by cities and other subnational jurisdictions is still rare.

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ClimateChange-ClimateLaw

DECEMBER 21, 2021

On December 07, 2021, the Federal Regional Court of the Fourth Region (TRF4) – one of Brazil’s federal courts of appeal – decided what should be the competent jurisdiction to hear the case of IEA v. Yet it significantly advances climate litigation in Brazil, with important consequences for future cases. Significance of the decision.

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Legal Legal Court Litigation 78

Conflict of Laws

MAY 31, 2021

However, the defendant/appellant challenged the jurisdiction of the Kastina State High Court to hear the case on the basis that the contract in issue was concluded in Yobe State, where it claimed the cause of action arose, which it argued was outside the jurisdiction of Kastina State. 2] (2021) 7 NWLR (Pt. 1776) 535. [3]

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Contract Cause of Action Court Laws 98

Patently O

MAY 17, 2021

The holding is important–repeated and specific threats of litigation by an out-of-state patentee can be sufficient to establish personal jurisdiction for a declaratory judgment action. [2] PerDiemCo LLC , 2019-2164, 2021 WL 1898127, at *1 (Fed. May 12, 2021). [2] 1017, 1024 (2021). [4] Luker , 45 F.3d

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Litigation Litigating Cause of Action Court 109

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

The court described the case as “an unprecedented case for any court, let alone a state court trial judge,” but concluded that it was “still a tort case” and “based exclusively on state law causes of action,” primarily failures to disclose, failures to warn, and deceptive marketing. Chevron Corp.

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Court Tort Cause of Action Litigation 81

SCOTUSBlog

APRIL 2, 2022

27, 2021, it formally notified New York that it intends to withdraw. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. Disclosure : Goldstein & Russell, P.C.,

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Government Statute Cause of Action Litigation 91

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. This post is written by Joshua Folkard, Barrister at Twenty Essex. Background. PD 6B, para.

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The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S.

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Conflict of Laws

AUGUST 24, 2022

As a landmark judicial policy issued by China’s Supreme People’s Court, the 2021 Conference Summary provides a detailed guideline for Chinese courts to review foreign judgment-related applications. EB-5 Visa fraud judgments, but rejected the punitive damages awarded therein, echoing the same rule laid down in the 2021 Conference Summary.

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Compensatory Damages Punitive Damages Cause of Action Divorce 52

Patently O

MARCH 25, 2021

Montana 8th Judicial District ( Supreme Court 2021 ). 2017) refocused attention on a required nexus between the the defendant’s contacts with the forum state and the cause of action. The decision suggested to many that defendant’s connections should have a causal-link with the cause of action.

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Court Cause of Action Manufacturing Litigation 63

SCOTUSBlog

OCTOBER 1, 2021

Tennessee is not only the Supreme Court’s first oral argument of the 2021-22 term, but it is also the first time that states have asked the court to weigh in on how they should share an interstate aquifer. Share Mississippi v. The case will be argued on Monday, and it will be the court’s first in-person argument in a year and a half.

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JonathanTurley

OCTOBER 31, 2021

The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

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Patently O

OCTOBER 11, 2021

In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. Case Dismissed : Judge Gilstrap dismissed the case in July 2021 — agreeing with the USPTO that the plaintiffs lacked standing.

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The IP Law Blog

JUNE 10, 2021

Under the new law in New York, successors in interest of “personalities” and “performers” who pass away after the statute took effect in May 2021, will have a cause of action for certain forms of unauthorized exploitation.

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”.

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Litigation Litigating Laws Tort 67

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

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Court Tort Cause of Action Litigation 52

Patently O

MARCH 21, 2021

Lots of work over the years has gone into determining whether a particular cause of action meets the arising under requirement of these provisions. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). Sasso (Supreme Court 2021). ” 28 U.S.C. See, for example, Gunn v.

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Contract Statute Court Cause of Action 100

Conflict of Laws

JUNE 4, 2023

In 2021, Xs brought an action before the Dubai Court of First Instance (hereinafter “DCFI”) seeking a ‘declaration of validity’ of a decision of the British Virgin Islands Supreme Court declaring the dissolution of X1 and appointing X2 as its judicial liquidator (hereinafter “the foreign judgment”). 338/2021 of 27 October 2021 ).

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Court Legal Legal Cause of Action 52

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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LexForti

NOVEMBER 5, 2021

The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. The court may approve such an application to avert a flood of litigation. As stated before, a pleading can be both plaint and written statements.

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Diligence Cause of Action Court Litigation 52

Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. Montana Eighth Judicial District Court (2021). This post is by Maggie Gardner, a professor of law at Cornell Law School.

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Court Statute Cause of Action Contract 40

Conflict of Laws

SEPTEMBER 24, 2021

The remedy of a Mareva injunction (or freezing injunction) was developed as a means of curtailing this form of bad litigation tactics by a judgment debtor. i) that he has a cause of action against the defendant which is justiciable in Nigeria: [10] See – Siskina (Owners of Cargo lately laden on borad) v distas Compania S.A

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Court Cause of Action Litigation Litigating 52

Conflict of Laws

DECEMBER 19, 2022

Illetschko: The General International Jurisdiction for Legal Actions against Board Members of International Corporations – Comment on OLG Innsbruck, 14 October 2021 – 2 R 113/21s, IPRax (in this issue). 7(2) or 12 Brussels I bis Regulation applies under these conditions. Thyssen-Bornemisza Collection Foundation.

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Court Cause of Action Laws Legal 52

ClimateChange-ClimateLaw

MAY 12, 2023

In May 2021, the Supreme Court issued a decision on one aspect of this fight – whether appellate courts could review all aspects of a federal district court’s remand order, or whether appellate courts were limited in their ability to review. The jurisdictional fight dragged out over five years.

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Court Court Decisions Government Laws 58

JonathanTurley

OCTOBER 30, 2022

In October 2021, Danielle Thomas, former exotic dancer known as “Pole Assassin” (and the girlfriend of Texas special teams coach Jeff Banks), found herself embroiled in a Halloween tort after the monkey previously used in her act bit a wandering child at the house of horror she created for Halloween.

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At the Lectern

JULY 28, 2022

in in May 2021 and the issues were limited to: “(1) Is an appeal of a juvenile court’s jurisdictional finding moot when a parent asserts that he or she has been or will be stigmatized by the finding? ” The plastic surgeons have argued “the parties merely agreed that Boston courts are an alternative forum for litigation.”

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Government Court Contract Cause of Action 49

Patently O

JUNE 5, 2022

Back in 2021, VoiceTech sued Mycroft for patent infringement. Tumey sued Mycroft as well as Mycroft founder Joshua Montgomery and CEO Michael Lewis on several causes of action: . Tod Tumey v. Mycroft AI ( 8th Cir. Tod Tumey is a Houston-based patent attorney who represents Voice Tech Corp. Racketeering. 1030; Privacy violations.

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Litigation Litigating Cause of Action Court 62

The Fashion Law

OCTOBER 25, 2021

Fast forward to May 2021, and following a combination of the two cases before the U.S. Specifically, Bernstein and co. Reflecting on the defendants’ motion for sanctions, the court held that it is “entirely without merit” and held that sanctions are “unwarranted” across the board.

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Conflict of Laws

JANUARY 15, 2023

For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). I expect that the Amendment Rules will be welcomed by litigators who frequent the Federal Court of Australia.

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The IP Law Blog

JANUARY 11, 2024

In 2021, at the age of 30, he filed his lawsuit and after two rounds of amended pleadings, filed a second amended complaint in January 2022. 2255, which allows victims of child pornography to bring a civil cause of action. He turned 18 in 2009. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

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Personal Injury Statute Cause of Action Court 62

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2021 until December 2021. In its judgment of February 2021, the Landgericht Frankfurt a.M.,

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Contract Tort Litigation Litigating 8

SCOTUSBlog

DECEMBER 2, 2023

2021, the bankruptcy court confirmed a reorganization plan that would remake the company as a nonprofit devoted to addressing the public-health problems created by the opioid epidemic – by, for example, funding the development of an OTC nasal spray to treat opioid dependence, as well as a drug to reverse opioid overdoses. And in Sept.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. On November 23, GM announced that it was withdrawing from the litigation. By Margaret Barry and Korey Silverman-Roati.

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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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The Fashion Law

JULY 19, 2021

District Court for the Central District of California states that the parties “agreed to a settlement in principle and will finalize the outstanding matters before the pretrial conference scheduled for July 16, 2021, with the district judge.” The parties’ trial was scheduled to begin on Monday. The case is Gianni Versace S.r.l.

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