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Supreme Court limits homeowners’ ability to sue their lenders in tort

At the Lectern

” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings. ” The court doesn’t consider whether a plaintiff might succeed in suing for negligent misrepresentation or promissory estoppel.

Tort 49
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China Adopts Restrictive Theory of Foreign State Immunity

Conflict of Laws

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). It is unclear if Chinese courts applying the FSIL will reach the same conclusion.