ClimateChange-ClimateLaw

MAY 22, 2024

.” The tribunal also emphasized that article 194, paragraph 1, of UNCLOS imposes a due diligence standard on States that is “stringent”. The ITLOS opinion is the first of three advisory opinions on climate change expected to be issued by international courts and tribunals in coming months.

Diligence 118

Diligence Litigation Litigating Legal 118

JURIST

JUNE 17, 2023

“To our regret, Australia diligently continues to move in the main stream of the authors of the Russophobic hysteria that is now taking place in the Western countries,” Peskov said. The bill was introduced after the National Capital Authority attempted to terminate the lease , a move that was declared invalid by the Federal Court.

Construction 193

Construction Laws Diligence Government 193

SCOTUSBlog

DECEMBER 31, 2022

Share 2022 was a turbulent year for the Supreme Court. In May, a draft opinion by Justice Samuel Alito was leaked to the press , revealing that a majority of the court was poised to overturn the constitutional right to an abortion. Less than two months later, a divided court made that decision official, in Dobbs v.

Court 82

Court Diligence Litigation Litigating 82

Patently O

MAY 13, 2022

USPTO (Supreme Court 2022). Following a failed en banc petition, famed inventor Gilbert Hyatt hired a new Supreme Court counsel (the famed Erwin Chemerinsky) who has now filed a petition for writ of certiorari focusing on standards for dismissing Administrative Procedure Act (APA) claims. The reviewing court shall—. (1)

Court 133

Court Diligence Laws Legal 133

JURIST

MAY 17, 2023

San Francisco City Attorney David Chiu announced a $229 million settlement with Walgreens on Wednesday after winning a lawsuit against the company in 2022. The case was in the US District Court for the Northern District of California. I am proud our office was able to prove in court that the opioid industry perpetuated this problem.

Diligence 104

Diligence Attorney Court Rules Court 104

Conflict of Laws

DECEMBER 28, 2023

Guest post by Janaína Albuquerque, International Lawyer and Mediator The Inter-American Court of Human Rights (IACtHR) has just published their first ever judgment on an international child abduction case in Córdoba v. Paraguay has also accepted the Court’s jurisdiction in 1993. The return proceedings were carried out in the latter.

Court 70

Court Diligence Contract Legal 70

Patently O

FEBRUARY 8, 2024

2022-1751, 2022-1813 (Fed. Writing for the panel, Judge Reyna explained that “[t]he touchstone of whether a reference constitutes a printed publication is public accessibility” and that “[t]he standard for public accessibility is whether interested members of the relevant public could locate the reference by reasonable diligence.”

Diligence 59

Diligence Technology Manufacturing Court 59

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. The latest issue of RabelsZ has just been released.

Diligence 57

Diligence Litigation Litigating Legal 57

At the Lectern

FEBRUARY 15, 2024

Here are some notable actions at yesterday’s double conference: Supreme Court will answer Ninth Circuit’s damages-limitation question. In Laettner on Reinstatement , the court, following the State Bar’s recommendation, ended John Laettner’s suspension from practicing law. Moriana (2022) 596 U.S. 2023) 14 Cal.5th

Diligence 45

Diligence Court Depositions Technology 45

Conflict of Laws

MAY 20, 2024

Introduction After extensive negotiations, on 24 April 2024, the European Parliament approved the Corporate Sustainability Due Diligence Directive (CSDDD or CS3D) as part of the EU Green Deal. However, there is concern that it might mitigate the development of stronger regulatory frameworks in other countries (see FIDH , 2022).

Diligence 78

Diligence Litigation Litigating Laws 78

Day on Torts

DECEMBER 5, 2022

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. In Hogue v.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Conflict of Laws

JUNE 1, 2024

It proposes a modification to English law which aims to ensure that jurisdictional decisions by the English courts take into account their environmental impact – that is to say, the environmental impact of the selection of a particular forum. Tony Ward & Ann Plenderleith Ferguson, Proof of foreign law: a reduced role for expert evidence?

Laws 67

Laws Divorce Diligence Family Law 67

Patently O

SEPTEMBER 24, 2023

2022-1623, -1624 (Fed. The court also found no personal jurisdiction over Siemens AG. As such, the district court awarded summary judgment of no infringement based upon the license. ” Given this failure, the appellate court affirmed the dismissal based on the settlement agreement’s protections was warranted.

Diligence 94

Diligence Court Statute Technology 94

Patently O

DECEMBER 6, 2022

2, 2022), the district court analyzed whether it could properly enter default judgment against a Wyoming limited liability corporation, or “LLC.” ” As part of doing so, the court was required to analyze whether it had, among other things, personal jurisdiction over the defendant LLC. In Avus Designs Inc.

Diligence 53

Diligence Law School Litigation Litigating 53

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

Felony 40

Felony Court Construction Statute 40

Conflict of Laws

JUNE 27, 2022

This contribution is not meant to assess the Achmea judgment of the European Court of Justice. The decision of the OLG München (Higher Regional Court of Munich) regarding a brokerage contract shows that it is not always possible to determine the place of main performance. Hess: Exequatur sur exequatur vaut?

Contract 40

Contract Procedural Law Laws Legal 40

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. W2020-01305-COA-R3-CV, 2022 WL 95167 (Tenn. Gibson , No. Rule 56.04 Rule 56.04 internal citation omitted).

Statute 59

Statute Tort Court Diligence 59

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.

Statute 52

Statute Diligence Court Constitutional Law 52

ClimateChange-ClimateLaw

MARCH 29, 2023

Photo by Mathias Reding on Unsplash Climate change litigation has finally reached the world’s highest court. On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on the obligations of States with respect to climate change.

Diligence 145

Diligence Litigation Litigating Legal 145

Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.

Tort 59

Tort Statute Diligence Contract 59

Fordham Law News

NOVEMBER 24, 2022

That same day, April 4, 2022, Musk, CEO of Tesla, Inc. In response, Twitter sued Musk on July 12 th in Delaware Chancery Court to enforce the Agreement, denying Musk’s claims and calling for specific performance and injunctive relief. [12] 18] Musk did not conduct due diligence as part of the Agreement. [19] 15, 2022), [link].

Depositions 52

Depositions Finance Contract Legal 52

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

Drafting 52

Drafting Diligence Procedural Law Court 52

Day on Torts

FEBRUARY 10, 2022

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. The trial court denied that motion and entered an award for the former employee on July 7, 2017.

Legal 59

Legal Legal Tort Statute 59

Broadcast Law Blog

MAY 6, 2023

NAB thus urges the FCC to lighten this burden by clarifying that the foreign sponsorship identification diligence requirements do not apply to advertisements for commercial products and/or services of any length or format or to leases involving religious programming or locally produced and distributed programming.

Diligence 99

Diligence Government Administrative Law Litigation 99

Day on Torts

NOVEMBER 7, 2022

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. Plaintiff was thus not entitled to the 120-day time extension under the HCLA, and the trial court granted dismissal based on untimeliness. In Jackson v. Vanderbilt University Medical Center , No.

Statute 59

Statute Tort Cause of Action Diligence 59

Conflict of Laws

APRIL 12, 2023

In case the company does not comply with its vigilance obligations, a court can issue a formal notice, ordering the company to comply with la Loi de Vigilance. It is important here to highlight that the plaintiffs took Shell to the Dutch courts based on the environmental damage caused in the Netherlands, due to Shell’s operations worldwide.

Finance 40

Finance Diligence Laws Court 40

ClimateChange-ClimateLaw

SEPTEMBER 11, 2023

On June 20, 2023, the Spanish Supreme Court handed down its final ruling in the case of Greenpeace v. However, the Supreme Court found that the Spanish Government had complied with the Paris Agreement and the EU legislation. Spain I On December 15, 2020, the plaintiffs filed a first lawsuit before the Supreme Court ( Greenpeace v.

Litigation 137

Litigation Litigating Government Drafting 137

Patently O

FEBRUARY 8, 2022

Here, the court makes clear that the scope estoppel is not tied to the grounds raised to in the IPR, but rather truly does extend to any ground “reasonably could have been included in the petition.” The Federal Circuit dismissed that argument out-of-hand with a direct quote from the Supreme Court. by Dennis Crouch.

Litigation 56

Litigation Litigating Diligence Court 56

Constitutional Law Reporter

JANUARY 3, 2022

Supreme Court ended its December sitting with oral arguments in Carson v. 2246 (2020), the Supreme Court held that a state may not exclude families and schools from participating in a student-aid program because of a school’s religious status. The issue is now before the Court in Carson v. Constitution. In Espinoza v.

Diligence 52

Diligence Court Immigration Constitutional Law 52

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B Prior to the reform, constitutional environmental protection was developed in the case law of the Constitutional Court. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre. 179/2019 ).

Litigation 96

Litigation Litigating Government Legal 96

Broadcast Law Blog

MARCH 31, 2022

This report covers hiring and employment outreach activities for April 1, 2021 through March 31, 2022. Stations have until September 15, 2022 to review their current agreements and conduct the necessary diligence on any of these “leases” of program time. See our post here for more on this obligation.

Government 92

Government Diligence Calendaring Education 92

Rocket Matter

OCTOBER 3, 2023

This might include, but definitely isn’t limited to: Researching or performing due diligence for a client’s matter Correspondences or meetings related to a case Drafting briefs Filing paperwork Court appearances On the other hand, a great deal of legal work falls into the non-billable hour camp.

Lawyer 97

Lawyer Lawyers Law Firm Law Firms 97

Conflict of Laws

MARCH 2, 2024

Recognising that courts may not be the optimal forum for conflict resolution in this domain, this academic contribution will question the effectiveness and challenges of existing mechanisms and discuss a proposal to introduce a professional mediator in the administrative proceeding. 222 of December 21, 2023, and No.

Family Law 57

Family Law Procedural Law Laws Diligence 57

The IP Law Blog

NOVEMBER 3, 2022

The CDC has estimated that as of February 2022, based on an antibody study, 60% of the U.S. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts. population, or almost 200 million people, had had COVID-19. However, the vaccines have been an incredible success.

Technology 52

Technology Litigation Litigating Diligence 52

ClimateChange-ClimateLaw

APRIL 11, 2022

In March 2022, the Inter-American Commission on Human Rights (IACHR) and the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) jointly published Resolution No. By Pedro Cisterna-Gaete and Maria Antonia Tigre. 3/21, entitled Climate Emergency: Scope of Inter-American human rights obligations.

Litigation 61

Litigation Litigating Diligence Court 61

ClimateChange-ClimateLaw

SEPTEMBER 28, 2022

On September 23, 2022, the United Nations Human Rights Committee (UNHRC) delivered a landmark decision in Daniel Billy and others v Australia (Torres Strait Islanders Petition) finding that the Australian Government is violating its human rights obligations to the indigenous Torres Strait Islanders through climate change inaction.

Government 42

Government Diligence Construction Litigation 42

Conflict of Laws

FEBRUARY 13, 2024

On these facts, in 2016, two French NGOs and 11 former Syrian employees of Lafarge ’s Syrian subsidiary pressed criminal charges in French courts against the French mother company. A flexible interpretation including foreign law would lead to a (too) broad extension of French courts’ criminal jurisdiction.

Litigation 73

Litigation Litigating Court Rules Laws 73