ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Vacated Trump EPA’s Affordable Clean Energy Rule. On January 19, 2021, the D.C. Circuit Court of Appeals ruled that the U.S. The court directed that issuance of the mandate be withheld until seven days after disposition of any petition for rehearing or petition for rehearing en banc. FEATURED CASE.

Court Reporting 55

Court Reporting Court Construction Government 55

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. In case the agreement of the parties is ruled by the laws of a Non-European state, it is doubtful whether the harmonized European trade secret law is applicable.

Contract 52

Contract Tort Court Litigation 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. In its rulings CDC (C-352/13) and Apple Sales (C-595/17) the ECJ gave a boost to the discussion on the range of choice of court agreements vis-à-vis antitrust claims. 1 Brussels Ia Regulation/Art.

Divorce 52

Divorce Contract Tort Court 52

Day on Torts

APRIL 29, 2021

April 20, 2021), plaintiff was treated by defendant for cancer on her nose. She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.”

Tort 59

Tort Cause of Action Statute Court 59

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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Day on Torts

AUGUST 9, 2021

July 16, 2021), plaintiff and defendant were brother and sister. The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. 323, 349 (1974); see also Restatement of Torts §559 (1938).

Court 52

Court Cause of Action Tort Punitive Damages 52

Day on Torts

AUGUST 12, 2021

July 15, 2021), plaintiffs filed an HCLA suit against defendant doctor based on treatment surrounding the birth of minor plaintiff. WTMG is a governmental entity under the definitions in the Governmental Tort Liability Act. Next, the Court looked at whether defendant received the same benefits as other employees. In Braylon W.

Tort 59

Tort Court Statute Contract 59

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The source was Lev Parnas, a dubious character and long-time associate of Rudy Giuliani.

Tort 32

Tort Cause of Action Laws Court 32

JonathanTurley

MARCH 31, 2021

The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. The first five counts are: COUNT ONE (Directing Assault and Battery). In Brandenburg v.

Punitive Damages 47

Punitive Damages Tort Statute Court 47

JonathanTurley

JANUARY 19, 2022

On October 5, 2021, the site Above the Law ran a story by Senior editor Kathryn Rubino about what she described as a vehemently racist law student who was given a prestigious clerkship by William H. chief judge of the United States Court of Appeals for the Eleventh Circuit. Reader’s Digest Association , 443 U.S. 157, 168 (1979).

Laws 33

Laws Tort Court Diligence 33

SCOTUSBlog

JUNE 16, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. As October Term 2021 winds to a close, the Supreme Court is holding its penultimate scheduled conference this week. But on remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

Government 92

Government Education Court Cause of Action 92

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. Concluding Remarks. De dr. int.

Laws 98

Laws Court Contract Legal 98