Law 360

JANUARY 29, 2024

In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Court decision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5

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Law 360

JULY 25, 2023

which won a $376 million National Geospatial-Intelligence Agency data project contract, urged the Federal Circuit to uphold a Claims Court decision dismissing an artificial intelligence firm's protest of its win, saying the lower court correctly found it lacked jurisdiction over the protest.

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Conflict of Laws

DECEMBER 21, 2023

Drawing on a meaning-based understanding of culture and using the example of the United Nations Convention on Contracts for the International Sale of Goods, the article examines the extent to which cultural conceptions of normality shape the individual steps in the application of law and illustrates this influence with concrete examples.

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Mondaq

JUNE 20, 2022

Katanga Contracting Services, a recent High Court decision reinforces the reluctance of the English courts to intervene in arbitration appeals. In Tenke Fungurume Mining SA v.

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Mondaq

MARCH 8, 2022

Two recent court decisions have rekindled the focus on the hot real estate marketplace and escalating costs, and their impact on termination of low- and highrise preconstruction contracts.

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Mondaq

FEBRUARY 17, 2022

A recent High Court decision shows that whether or not a material adverse change clause will be found to be triggered by Covid-19 is a highly fact-dependent question which will depend on the wording of the clause and the relevant context:

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LawTechnologyToday

JUNE 21, 2021

An NFT is composed of software code in the form of “smart contracts.” Smart contracts are open-sourced blockchain protocols that control the transfer of digital currency under certain terms and conditions. Once a smart contract is created, it is “minted” onto the token on a blockchain. Smart contracts will be key in this sense.

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LawSites

MARCH 26, 2024

March 1 marked the culmination of an ambitious and audacious project to digitize and provide free and open access to all official court decisions ever published in the United States.

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Legal Research Law School Contract Court Decisions 56

FDA Law Blog

NOVEMBER 30, 2022

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C In addition, Grifols’s eligibility for government contracts is conditioned on FDA approval of Gamunex and FDA approval is conditioned on compliance with GMPs.

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Patently O

APRIL 22, 2021

“The rule supported by [prior lower court decisions] is that an assignor of a patent right is estopped to attack the utility, novelty or validity of a patented invention which he has assigned or granted as against any one claiming the right under his assignment or grant. Formica Insulation Co. , 342 (1924). ” 35 USC 282.

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Patently O

FEBRUARY 10, 2022

The Federal Circuit relies upon traditional contract law principles to determine whether a particular communication constitutes such an offer. Remember the contract foundational trio: Offer, Acceptance, Consideration. ” Of course, not just any offer works — it needs to be an offer to sell.

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At the Lectern

MARCH 7, 2022

” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel. Justice Jenkins’s opinion focuses on his concurrence in a 2014 First District, Division Three, Court of Appeal decision when he served on that court, a decision today’s opinion disapproves.

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Conflict of Laws

JANUARY 16, 2024

Dr. Dora Zgrabljic Rotar, University of Zagreb, Faculty of Law The effect of the Hague Judgments Convention of 2019 on the recognition and enforcement of foreign court decisions in the Republic of Croatia The proceeds from the conference will be edited by Prof.

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Conflict of Laws

OCTOBER 28, 2023

When contracting parties choose arbitration as their dispute resolution mechanism, they freely choose several different laws that would apply in case of disputes arising under the contract. The court reasoned its decision broadly on the following grounds: Contracts are a manifestation of the party autonomy principle.

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LexForti

APRIL 22, 2021

In the present case, since the case involves the federal claims and turns to the court’s federal question jurisdiction. The court therefore, declined again to apply the Indian Law and instead applied federal substantive law and ordinary contract and agency principles.

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SCOTUSBlog

APRIL 23, 2021

An inventor files a patent application on an invention and assigns the patent rights to an assignee — perhaps in exchange for money from the assignee, or perhaps as part of a contract with the inventor’s employer. After a patent issues, the assignee contends that the inventor has infringed the patent.

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Conflict of Laws

MARCH 10, 2021

Our courts should be in charge of their own proceedings. Consequently, no person or group of persons by their own private treaty or arrangements can agree to oust the jurisdiction and provisions vested in the Courts by the Constitution. The recent Court of Appeal’s decision in A.B.U.

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Conflict of Laws

APRIL 26, 2023

This article significantly contributes to the existing literature through an empirical analysis of Nigerian appellate court decisions on FJCs with a view to gaining deeper insights into the attitude of Nigerian courts to FJCs.

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SCOTUSBlog

APRIL 16, 2021

Today, the regional ANCs in particular are among the most important companies in Alaska, with billions in revenue from energy development, tourism and government contracting. ANCSA left unsettled, however, the status of Alaskan Native governments.

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SCOTUSBlog

JUNE 17, 2022

Recall that the relevant veterans benefits statute provides that the United States will pay compensation to a veteran who is disabled as a result of injuries or diseases that are “contracted in the line of duty” or for “aggravation of a preexisting injury suffered or contracted in the line of duty.”

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LawTechnologyToday

AUGUST 17, 2022

Lawyers are using data analytics and predictive coding to review documents, draft contracts and to determine the outcome of court decisions. Data analytics and data science are playing an important role in the practice of law.

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Conflict of Laws

FEBRUARY 4, 2024

4) As the marriage was contracted in Pakistan and later registered in the UK, the marriage and its financial effects should be governed by Pakistani law. It is likely, however, that the courts relied on the MOJ letter to reach this conclusion. 3) The parties have not (yet) been divorced under Pakistani law or Islamic Sharia.

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Diane Drain

DECEMBER 31, 2020

It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. According to a blog by David Warfield and David Farrell, Thompson Coburn, LLP, there are nine amendments to the Bankruptcy Code in the CAA.

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Conflict of Laws

JUNE 27, 2022

Certain contracts are particularly close to the law of the European Union. They include international jurisdiction agreements, contracts creating an exception in European law, to generally prohibited contracts, and contracts providing the use of European Trademarks and other European rights valid even against third persons.

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Conflict of Laws

JUNE 21, 2021

Specifically, Dr Bernasconi highlighted that the Convention, with 63 Contracting Parties representing every major legal tradition, facilitated the transmission of thousands of requests for taking of evidence every year and allowed the use of video-link technology in the taking of evidence abroad.

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Conflict of Laws

FEBRUARY 27, 2022

He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. Mouttotos , University of Bremen, and Dr. N.

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SCOTUSBlog

AUGUST 1, 2023

The 11th Circuit concluded, however, that Hoxie could not reasonably have known that decision prohibited his conduct towards Hamlet because his exposure to feces in the shower “was different in both degree and kind.” In Hamlet v. Hoxie , Hamlet asks the justices to grant review and reverse the 11th Circuit’s ruling.

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Conflict of Laws

JULY 5, 2021

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. This comment raises the question whether the decision reduces or in effect continues the previous uncertainty.

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Conflict of Laws

APRIL 26, 2021

Thirdly, by considering the impact on the UK’s and the EU’s relationships with third countries, with particular reference to the 2007 Lugano Convention and Hague Choice of Court Convention. The principal focus will be on questions of jurisdiction, the recognition and enforcement of judgments and choice of law for contract and tort.

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Customs & International Trade Law

JULY 21, 2023

Altana, a New York-based startup that uses AI to map global supply chains, has been awarded a contract — $2.85 Diamond sawblades and parts thereof, from the People’s Republic of China: Notice of court decision not in harmony with the final results of antidumping administrative review; Notice of amended final results.

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Conflict of Laws

JANUARY 24, 2022

The law of 1989 introduces two innovations which are worth emphasizing: the application of foreign law ex officio and the principle of party autonomy for international contracts. The article discusses the different aspects of Guatemalan private international law, which today is generally based on the principle of domicile.

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Conflict of Laws

MARCH 29, 2023

In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court. The English Court said that extending the tort to foreign proceedings “would be out of step with [its] ethos”, which is “the Court’s control of its own powers and resources” (at [97]).

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Patently O

APRIL 11, 2024

Because “the infringement” was under § 271(f), the Court turned to that provision to determine its focus. The focus, according to the Court, is “the act of exporting components from the United States.”

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Conflict of Laws

FEBRUARY 22, 2024

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The recent judgment of the High Court of Bahrain (a first instance court in the Bahraini judicial system ) in the Case No. For example, in the aforementioned Supreme Court decision in the Appeal No.

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Conflict of Laws

SEPTEMBER 4, 2023

This decision provides an opportunity to examine the prerequisites and legal consequences of apparent establishments and so-called virtual establishments (internet presences) from a general perspective, both in the context of Article 7 (5) Brussels Ia Regulation and in connection with Article 19 (2) Rome I Regulation.

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Conflict of Laws

SEPTEMBER 14, 2023

To determine whether an act is commercial, “a PRC court shall undertake an overall consideration of the act’s nature and purpose.” Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). Like the U.N. Article 7’s reference to both “nature and purpose” is significant.

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Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

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