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United Kingdom Supreme Court confirms that consequential loss satisfies the tort gateway for service out of the jurisdiction

Conflict of Laws

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. Three main reasons were given. Economic torts? Background. PD 6B, para.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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.

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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

SCOTUSBlog

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Cassirer’s heirs make three main arguments. The museum makes four main arguments. First, the FSIA states (in 28 U.S.C. In Richards v. Allstate Insurance Co.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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.

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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

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.

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. As this open-ended definition suggests, public nuisance is a slippery tort.

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Opioid maker Purdue’s bankruptcy case comes before Supreme Court

SCOTUSBlog

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. In any event, the U.S.

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