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.

Government 57

Government Laws Contract Court 57

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. The meaning of these distinctions is at the core of the current litigation over the 2020 CARES Act.

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Government Contract Statute Education 122

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. Sixth, Nigeria should consider ratifying the Hague Choice of Court Convention , 2005.

Court 52

Court Contract Stare Decisis Entertainment 52

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. Morgan Ratner argued for the federal government, which filed its own friend-of-the-court brief but supported neither party.

Stare Decisis 73

Stare Decisis Laws Contract Court Decisions 73

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. courts for use in foreign proceedings. Christoph Wendelstein: Eigenes und Fremdes im Kollisionsrecht.

Litigation 52

Litigation Litigating Laws Court 52

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. 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.

Court 52

Court Tort Cause of Action Litigation 52

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.

Contract 52

Contract Technology Legal Legal 52

FDA Law Blog

SEPTEMBER 29, 2021

A growing list of drug manufacturers are claiming that the discounts meant for low-income patients of 340B covered entities are instead contributing to profits for pharmacies that contract with covered entities to dispense 340B drugs. Drug Manufacturers Fight Back Against Proliferation of Contract Pharmacy Arrangements.

Litigation 52

Litigation Litigating Manufacturing Contract 52

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.” However, I was not involved in the writing or editing of this guest post.

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Statute Court Technology Contract 80

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.

Procedural Law 65

Procedural Law Court Legal Legal 65

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). The general practice in China is that courts, rather than litigants, serve process.

Drafting 47

Drafting Court Laws Government 47

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

Contract 10

Contract Tort Procedural Law Court 10

Broadcast Law Blog

JULY 1, 2015

It may mean that Sirius was tired of the litigation, and wanted to buy peace, at least with the major labels. The litigation may also have been interfering with other business between the company and the labels, so peace may have brought some security. What does this settlement mean?

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Court Litigation Litigating Laws 40

Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. Abbott Diabetes Care, Inc., 2023-1795 (Fed. January 3, 2024).

Contract 62

Contract Court Statute Court Decisions 62

Conflict of Laws

NOVEMBER 17, 2021

Nevertheless, some clarifications shall be made in this regard: (1) The appellate mechanism serves as a default rule rather than a mandatory one, which allows parties to contract out of it. Therefore, the discrepancy between pre-decision opinion and final award does not amount to annulment of the award. [xv]. Preference of Parties.

Court 40

Court Legal Legal Laws 40

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Supreme Court determined was preempted in Hughes v. CLIMATE LITIGATION CHART. and non-U.S.

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Court Litigation Litigating Attorney 40

Conflict of Laws

FEBRUARY 21, 2022

The second part is related to litigation, including the rules of jurisdiction and the system for the recognition of decisions. The study of the jurisdiction rules is ordered according to the type of litigation and the moment in which it arises, depending on whether the marriage is in force or has been dissolved by divorce or death.

Divorce 52

Divorce Real Estate Government Litigation 52

LawSites

MARCH 18, 2024

We’d all been working for over a year on a contract that would make it possible, someday in the future, for everyone to have free and open access to all the official court decisions ever published in the United States. state and federal court decisions representing the bulk of our nation’s common law.

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Metadata Court Decisions Contract Legal 111

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The New Jersey federal court concluded that private and public interests weighed in favor of transfer. and non-U.S. Shrestha v.

Court 72

Court Government Compensatory Damages Litigation 72

Conflict of Laws

DECEMBER 17, 2020

Writing on the importance of a private international law system that responds to the interests of Africa, Dr Okoli observed that with growing international trade with Africa comes an inevitable rise in disputes among contracting parties conducting trade on the continent. [4]

Laws 52

Laws Stare Decisis Legal Legal 52

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The federal district court for the District of Montana is to consider these issues on remand. and non-U.S. 20-35412 (9th Cir.

Litigation 40

Litigation Litigating Court Laws 40

ClimateChange-ClimateLaw

MARCH 6, 2018

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. DECISIONS AND SETTLEMENTS. In re: Border Infrastructure Environmental Litigation , No. CLIMATE LITIGATION CHART.

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Court Government Laws Litigation 40