Conflict of Laws

AUGUST 24, 2022

On 21 August 2022, China Justice Observer released the 2022 version of the List of China’s Cases on Recognition of Foreign Judgments. The full version of the 2022 List of China’s Cases on Recognition of Foreign Judgments is available here. Written by Dr. Meng Yu and Dr. Guodong Du, co-founders of China Justice Observer*.

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Compensatory Damages Punitive Damages Cause of Action Divorce 52

Patently O

MAY 5, 2022

ACUS is conducting a study on behalf of the USPTO to examine “issues associated with and options for designing a small claims patent court.” ” It recently published a request for public comments on the idea of a small claims patent court. patent litigation deters small- and medium-sized enterprises, including.

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Court Court Decisions Litigation Litigating 111

ClimateChange-ClimateLaw

OCTOBER 18, 2022

Guest Commentary: An Unexpected Success for Czech Climate Litigation. On June 15, 2022, the Prague Municipal Court, a first instance administrative court, decided in favor of the plaintiffs in the first Czech strategic climate case ( Klimatická žaloba ?R Eva Balounová *. Introduction. Background to the claim.

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Litigation Litigating Government Court 40

Patently O

DECEMBER 11, 2022

This means that issues decided at the district or administrative court level can be binding on all other courts: district courts, administrative courts, appellate courts, and even the Supreme Court. District court decisions are not binding precedent because they are at the bottom.

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Stare Decisis Court Decisions Litigation Litigating 130

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. Decisions granting an anti-enforcement injunction are “few and far between” ( Ecobank Transnational Inc v Tanoh [2015] EWCA Civ 1309, [2016] 1 WLR 2231, [118]).

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Court Tort Cause of Action Litigation 52

At the Lectern

MAY 1, 2024

The Supreme Court today announced it will hear nine cases on its late-May calendar. That’s as many arguments as on next week’s large early-May calendar , and it puts the court on pace to issue well over 50 opinions this term. The court granted review in March 2023. 2022) _ U.S. _ [142 S.Ct. Sundance, Inc.

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Calendaring Court Entertainment Statute 45

FDA Law Blog

JANUARY 11, 2024

In other words, FDA needed to determine whether the initial biosimilar litigation—pre-interchangeable supplemental approval—counts towards the FIE expiration date calculation.

Litigation 59

Litigation Litigating Statute Manufacturing 59

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. As the reader, one thing I found striking about Indonesian practice is that a choice of foreign law alone can oust the jurisdiction of the Indonesian courts.

Contract 52

Contract Laws Civil Law Procedural Law 52

NewmanFerraraLLP

NOVEMBER 2, 2022

Interestingly, the litigation was dismissed as the district judge was of the view it was for the U.S. On appeal, in a decision dated October 18, 2022, the Second Circuit concurred with the bulk of the lower court’s analysis but, in the absence of a statutory bar, reinstated that part of the case which sought injunctive relief.

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Construction Court Decisions Litigation Litigating 52

Conflict of Laws

AUGUST 22, 2023

The 2020 update and 2022 update were also posted on Conflictoflaws.net. Please note that in In re DAR (2022) Jing 01 Po Shen No. 786), the Beijing First Intermediate People’s Court ruled to recognize a German court’s bankruptcy ruling based on the principle of reciprocity. 99 Trade Co. Ltd (2019) Jing 04 Xie Wai Ren No.3,

Cause of Action 52

Cause of Action Divorce Court Rules Lawyer 52

Patently O

AUGUST 18, 2022

Accused infringers also prefer IPRs because they effectively bifurcate the trial between validity and infringement, with the IPR validity questions being decided first while infringement litigation is stayed. The result is that the IPRs are also a low risk option for accused infringers since no liability attaches from that decision.

Litigation 73

Litigation Litigating Court Statute 73

Conflict of Laws

AUGUST 30, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation?

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Drafting Laws Litigation Litigating 98

Patently O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] affirmance rate.

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Drafting Court Laws Litigation 73

The IP Law Blog

JULY 15, 2021

In recent years, the Supreme Court has decided a number of cases, including Bilski v. For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs. Prometheus Labs., Ass’n for Molecular Pathology v.

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Laws Technology Litigation Litigating 109

Patently O

OCTOBER 5, 2022

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” by Dennis Crouch.

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Litigation Litigating Statute Court 60

Constitutional Law Reporter

FEBRUARY 16, 2023

Supreme Court issued its first opinion of the 2022-2023 Term. S. _ (2023), a unanimous Court held that the effective date of an award of service-related disability compensation to a veteran of the United States military determined pursuant to 38 U.S.C. §§ 5110(a)(1) and 5110(b)(1) is not subject to equitable tolling.

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Statute Diligence Court Constitutional Law 52

Patently O

SEPTEMBER 21, 2022

The PTAB is the busiest patent court in the country. The Board cancels lots of patent claims, but also regularly sides with patentees in the Final Written Decision (at least as to some claims). 2022) (“Caltech”). 2022) (“Caltech”). by Dennis Crouch. ” 35 U.S.C. California Inst. 1348 (2018).

Statute 56

Statute Construction Court Litigation 56

Patently O

AUGUST 19, 2022

18, 2022 ). Thus, ANDA patent lawsuits are ordinarily decided by bench trial–and typically by one of the Delaware district court judges. The district court (Judge Connolly) held a three-day bench trial and ultimately issued a judgment of noninfringement. ” In re Brimonidine Patent Litig., by Dennis Crouch.

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Court Court Decisions Litigation Litigating 87

Conflict of Laws

APRIL 4, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation?

Drafting 52

Drafting Laws Litigation Litigating 52

ClimateChange-ClimateLaw

NOVEMBER 22, 2022

In July 2022, Indonesians at the frontline of climate change filed a claim before the National Human Rights Commission seeking recognition that climate change is a matter of human rights and calling on the Indonesian government to take stronger action. Millions of Indonesians cautiously await its decision. The human rights complaint.

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Government Litigation Litigating Attorney 77

Conflict of Laws

SEPTEMBER 4, 2023

This is exemplified by the decisions of the Higher Regional Court of Cologne for the international service of process. But an exception is made in cases where an Austrian decision for costs can be executed in the country of residence of the plaintiff. Mandl: Apparent and virtual establishments reflected through Art.

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Procedural Law Court Legal Legal 68

Conflict of Laws

FEBRUARY 15, 2023

329-402 Badr, Yehya Ibrahim “The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Breaking) News From The Hague: A Game Changer in International Litigation?

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Drafting Laws Litigation Litigating 40

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. Predictability is the core ambition, not a particular outcome in litigation. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

FDA Law Blog

JUNE 19, 2023

Take for example FDA’s Unified Agenda announcement for ISO 13485 harmonization, which first occurred in the Spring of 2018 and was re-issued until a proposed rule was published in early 2022 (see our post here ). Raimondo , FDA may also lose the shield of Chevron deference in any litigation.

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Calendaring Legal Legal Court Decisions 56

Conflict of Laws

SEPTEMBER 28, 2022

Update of 28 September 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

AUGUST 31, 2022

Update of 31 August 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”.

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Drafting Laws Litigation Litigating 40

FDA Law Blog

JANUARY 11, 2022

With the District Court of Delaware’s January 4 decision in a similar case (brought by GSK’s lawyers), Amarin v. Relying heavily on the Federal Circuit’s contention that the decision in GSK v. The Court, however, would not dismiss similar allegations as applied to health insurer. In the wake of GSK v. Teva , but Amarin v.

Court 52

Court Manufacturing Court Decisions Litigation 52

Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. Article 3 says: “Foreign states and their property enjoy immunity from the jurisdiction of PRC courts, except as otherwise provided by this Law.”

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Drafting Court Laws Government 49

Conflict of Laws

APRIL 20, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 20 April 2022: New entries are printed bold. Åkerfeldt, Xerxes. Amurodov, Jahongir.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JUNE 21, 2022

Update of 7 June 2022: New entries are printed bold. Brexit and the Future of Private International Law in English Courts”, Oxford 2022. Indirect jurisdiction and Swedish law – Analysis and inquiry of the jurisdiction of Swedish courts in relation to the 2019 Hague Convention on Recognition and Enforcement”. Bibliography.

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Drafting Laws Litigation Litigating 40

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. Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. and non-U.S. FEATURED CASE.

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Court Government Litigation Litigating 55

Conflict of Laws

JANUARY 11, 2022

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. Update of 12 January 2022: New entries are printed bold. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022, taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Update of 16 February 2022: New entries are printed bold. Åkerfeldt, Xerxes. rs-953987/v1 ).

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Drafting Laws Litigation Litigating 52

Patently O

JANUARY 31, 2023

While previous versions of the dataset have been limited to merits decisions, this year we began including non-merits terminations as well. Currently, all non-merits terminations from 2022 are included in the dataset. What about the type of opinion that the court is issuing? But it is a drop from 2014-2020.

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Litigation Litigating Court Calendaring 70

Conflict of Laws

JUNE 7, 2022

The first issue of the Journal of Private International law for 2022 was released yesterday. Surprisingly, the Court localises the damage resulting from misinformation on the secondary financial markets at a single place, that where the financial instruments in question were listed.

Laws 40

Laws Tort Drafting Litigation 40

Conflict of Laws

DECEMBER 7, 2021

Rescheduled: “The HCCH 2019 Judgments Convention: Prospects for Judicial Cooperation in Civil Matters between the EU and Third Countries” – Conference on 9 and 10 September 2022, University of Bonn, Germany. A Guide to Global Private International Law”, Oxford 2022, forthcoming. Balbi, Francesca. “La Biresaw, Samuel Maigreg.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

NOVEMBER 23, 2021

In preparation of the Conference on the HCCH 2019 Judgments Convention on 9/10 September 2022 , planned to be taking place on campus of the University of Bonn, Germany, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. A Guide to Global Private International Law”, Oxford 2022, forthcoming.

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Drafting Laws Litigation Litigating 52