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Credit Union Ruling Imperils Fund Transfer Law, 4th Circ. Told

Law 360

A federal district court's decision to hold a credit union liable for $558,000 in compensatory damages over a scammer's use of its services disrupts the framework of fund transfer law and jeopardizes the day-to-day feasibility of the nation's fund-transfer systems, an amicus brief filed in the Fourth Circuit argues.

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SCOTUS Sides With Deaf Student in ADA Suit

Constitutional Law Reporter

Supreme Court held that a deaf student seeking compensatory damages under the Americans with Disabilities Act (ADA) for the denial of a free and appropriate education may proceed without exhausting the administrative processes of the Individuals with Disabilities Education Act (IDEA) because the remedy sought is not one IDEA provides.

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Sua Sponte State Law Certification in Opioid MDL Appeal

SquirePattonBoggs

In its decision, the Court took the uncommon step of sua sponte certifying a question of state law (here, Ohio law) to a state supreme supreme court (the Ohio Supreme Court). Who better to know the answer to that question than the Ohio Supreme Court, which, under Erie Railroad Co. Tompkins , 304 U.S. Lehman Bros.

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The Supreme Court of Japan on Punitive Damages…

Conflict of Laws

Assume that you successfully obtained a favourable judgment from a foreign court that orders the losing party to pay punitive damages in addition to compensatory damages. Could the judgment be enforced in Japan where punitive damages are considered as contrary to public policy? Introduction.

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August 2022 Update: List of China’s Cases on Recognition of Foreign Judgments

Conflict of Laws

Please note that in the German case , the Saarbrücken Regional Court of Germany refused to recognize and enforce a Chinese judgment on the ground of lack of reciprocity, despite the fact that, as early as 2013, China confirmed that there was reciprocity between the two countries.

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October 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Federal Court in Rhode Island Allowed Failure-to-Adapt Claims to Proceed. The federal district court for the District of Rhode Island for the most part denied a motion to dismiss a citizen suit asserting that Shell Oil Products US and other defendants (Shell) failed to prepare a terminal in Providence for the impacts of climate change.

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