SCOTUSBlog
FEBRUARY 21, 2024
The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.
Conflict of Laws
MAY 31, 2021
In Maska the 1st claimant/respondent instituted an action for summary judgment against the defendant/appellant and the 2nd respondent at the High Court of Katsina State for breach of contract. On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.
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SCOTUSBlog
JUNE 17, 2022
Share On Wednesday, the Supreme Court ruled 6-3 that a VA benefits decision that was based on an agency regulation in effect at the time the decision was rendered does not constitute “clear and unmistakable error” even if the agency regulation is later deemed to conflict with the text of the relevant benefits statute.
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.
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.
Patently O
APRIL 11, 2024
In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. European Community , step one requires a court to decide whether the presumption against extraterritoriality has been rebutted by a clear indication from Congress.
Patently O
FEBRUARY 10, 2022
On appeal, however, the Federal Circuit has reversed–holding that the Eddings letter constituted a “commercial offer for sale of the claimed design” and therefore created a bar to patentability under the statute. Remember the contract foundational trio: Offer, Acceptance, Consideration.
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