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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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Case of the Day: Scalin v. Société Nationale SNCF

LettersBlogatory

Phillip decision , I am in the unhappy position of having to side with the Nazi collaborators on the main legal issue in the case. It creates an exception to foreign sovereign immunity but does not itself create a cause of action. 1605A, does not just create an exception to immunity but also creates a federal cause of action).

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

SCOTUSBlog

Cassirer’s heirs make three main arguments. Second, Congress enacted the FSIA in light of the background principle of federalism that state law, including state choice-of-law doctrines, should apply to state causes of action, and nothing in the statute indicates any intent to deviate from that principle. In Richards v.

Tort 127
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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.

Tort 36
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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.

Tort 37
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The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

Panels of this kind were the main reason why the fire at Grenfell Tower in London had spread so rapidly. For claims in tort in relation to goods that have caused personal injury, the relevant choice of law rules favoured application of the law of the place of injury.

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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. The claimant sought to apply the cases on the tort of misuse of private information by analogy.

Tort 75