JURIST

MAY 18, 2021

The Attorney General of Zimbabwe filed an appeal Monday with the nation’s Supreme Court after the High Court’s recent ruling against the government. On May 15, the High Court held that President Emmerson Mnangagwa’s five-year extension of Chief Justice Luke Malaba’s tenure was illegal.

Government 212

Government Contract Court Rules Court 212

JURIST

JUNE 5, 2022

The Kurdistan Regional Government’s (KRG) judicial council Saturday said that its oil and gas law remains effective despite an Iraq Supreme Court ruling that found the law unconstitutional. The KRG, an autonomous government in Iraq’s Kurdistan region, enacted the Oil and Gas Law No.

Government 104

Government Court Contract Court Rules 104

JURIST

FEBRUARY 23, 2021

The district court confirmed the revenue sharing award in November 2019, finding the Seneca Nation did not show the Secretary’s approval governed the agreement and that the renewal was not an amendment to the compact requiring new approval in either case.

Court Rules 144

Court Rules Contract Law Court Contract 144

SCOTUSBlog

APRIL 28, 2022

With spending clause legislation, the federal government provides funds in exchange for the funding recipient’s adherence to various conditions. In Thursday’s ruling in Cummings v. Premier Rehab Keller PLLC , the court applied the contract-law inquiry to hold that Cummings could not recover damages for emotional distress.

Court Rules 98

Court Rules Court Contract Statute 98

JURIST

APRIL 19, 2023

The US Supreme Court Tuesday held that New Jersey may unilaterally withdraw from the Waterfront Commission Compact, an interstate compact between the two states created to fight crime in the Port of New York and New Jersey. New Jersey , a unanimous court found that interstate compacts are governed by the principles of contract law.

Contract Law 212

Contract Law Contract Court Government 212

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

Government 107

Government Court Litigation Litigating 107

Conflict of Laws

FEBRUARY 13, 2024

By its decision of January 16, 2024, the French Cour de cassation (chambre criminelle) ruled partly in favour of the petitioner. Indeed, the court then had to determine whether such French prudence or safety provisions applied to the case.

Litigation 74

Litigation Litigating Court Rules Laws 74

SCOTUSBlog

JANUARY 15, 2021

The Supreme Court on Friday allowed the federal government to execute Dustin Higgs, reversing lower-court orders that had put the execution on hold and drawing strongly worded dissents from two justices. A majority of the Supreme Court ruled that the government’s plan was permissible.

Government 143

Government Court Legal Legal 143

JURIST

DECEMBER 20, 2022

The US Court of Appeals for the Fifth Circuit Monday affirmed a preliminary injunction from the District Court for the Western District of Louisiana blocking the White House’s COVID-19 vaccine mandate for federal contractors. The ruling results from a 2-1 decision from the three-judge panel.

Court 197

Court Contract Court Rules Attorney 197

JURIST

AUGUST 1, 2021

The regulations cover civil disputes involving private players and the Chinese government. The government’s nationwide surveillance system, which has widespread ramifications on civil liberties, remains outside the regulations’ purview for public security reasons.

Technology 197

Technology Court Contract Government 197

JURIST

FEBRUARY 11, 2022

He later added that those suffering from hepatitis were kept in the same room as him and others who were worried about contracting the disease. However, the government denied this claim. The court ruled Thursday that Greece had violated Tousios’s rights during his imprisonment. He was then acquitted on May 22, 2019.

Contract 192

Contract Court Rules Court Government 192

Conflict of Laws

FEBRUARY 22, 2024

The question presented was whether, under federal admiralty law, a choice-of-law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the “strong public policy” of the U.S. In a unanimous opinion authored by Justice Kavanaugh, the Court concluded that the answer to this question was no.

Court 68

Court Contract Laws Statute 68

JURIST

OCTOBER 22, 2022

The US Court of Appeals for the 8th Circuit Court in June held that the Arkansas law does not unconstitutionally infringe on the Arkansas Times’s First Amendment rights. Arkansas passed the law in 2017 which required “public contracts to include a certification that the contractor will not ‘boycott’ Israel.”

Laws 162

Laws Court Contract Court Rules 162

Law 360

JUNE 13, 2022

A court ruling that vacated the largest offshore oil and gas lease sale in U.S. history undermines trust in contracts with the government, Shell says in an amicus brief backing Louisiana and the American Petroleum Institute's request that the D.C. Circuit overturn the ruling.

Contract 40

Contract Court Rules Government Court 40

JonathanTurley

MAY 25, 2021

This week, a court in Georgia became the latest to declare such laws unconstitutional. The case was brought by journalist Abby Martin who was denied a contract as a keynote speaker at Georgia Southern University due to her support of the BDS movement. ” She was then denied the contract. In NAACP v. Claiborne Hardware Co.

Court Rules 37

Court Rules Contract Laws Court 37

SCOTUSBlog

NOVEMBER 27, 2022

Share The Supreme Court will hear oral argument on Monday in the latest in a series of cases involving the reach of federal public-corruption laws. United States is whether an individual can be convicted of violating those laws even when he is not a government official or employee. The question before the justices in Percoco v.

Laws 119

Laws Court Government Real Estate 119

Conflict of Laws

APRIL 22, 2021

An inland waterway contract exists between Tankfracht and E.A. Under this contract, Tankfracht owes a payment of a fixed amount to E.A. Frerichs, ‘on the order of Tankfracht’, the sum owed by this company under the inland waterway contract. The judgment and the reasoning of the Court.

Contract 89

Contract Laws Government Court 89

Conflict of Laws

FEBRUARY 28, 2023

The ruling clarifies the scope of the Dutch courts’ duty to apply the CISG (UN Convention on Contracts for the International Sale of Goods, 1980) ex officio on appeal. Proceedings The seller disagreed and claimed damages for the loss of profit caused by the breach of contract.

Contract 40

Contract Court Laws Government 40

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. At issue here was Tenn. Code Ann. § Continue reading

Tort 59

Tort Contract Cause of Action Construction 59

Conflict of Laws

FEBRUARY 22, 2024

Choice-of-court agreements conferring jurisdiction on foreign courts are often disregarded or declared null and void. The agreement provided that disputes arising out of or in connection with the agreement would be subject to the exclusive jurisdiction of the courts of England and Wales. Pursuant to Article 4 of Law No.

Court 68

Court Laws Contract Court Decisions 68

SCOTUSBlog

JUNE 22, 2021

City of Philadelphia , the court came to a surprisingly unanimous result: Philadelphia violated Catholic Social Services’ free exercise rights by denying it a contract based on the agency’s refusal to comply with the city’s nondiscrimination policy. How did the court get there?

Court 73

Court Contract Government Laws 73

SCOTUSBlog

DECEMBER 2, 2021

By way of background, Congress passed Section 504 of the Rehabilitation Act and Section 1557 of the ACA pursuant to its powers under the Constitution’s spending clause : The federal government provides funds in exchange for the funding recipient’s adherence to various conditions. Two questions seemed especially pressing to the justices.

Contract 75

Contract Statute Court Contract Law 75

JonathanTurley

MARCH 22, 2021

University of San Diego Law Professor Thomas Smith has been put under investigation for the use of an offensive term in a column criticizing the Chinese government and its role in the pandemic. It is clear a reference not to the Chinese people but the Chinese government. To be clear, I was referring to the Chinese government.”.

Government 38

Government Laws Law School Contract 38

Conflict of Laws

MARCH 30, 2021

Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance.

Laws 52

Laws Contract Tort Government 52

SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Stephen Begani worked as a government contractor after 24 years of active-duty service. Although the district court ruled that Sundance had waived its arbitration argument by not making it earlier, the U.S.

Contract 76

Contract Government Tort Court 76

SCOTUSBlog

SEPTEMBER 29, 2023

City of Tigard , the Supreme Court outlined a two-part test for courts to use to determine whether state or local governments violate the Constitution’s ban on uncompensated takings by conditioning the grant of a development permit on the developer’s agreement to set aside land, pay money, or provide materials or services.

Calendaring 113

Calendaring Court Statute Court Rules 113

SAV Paralegal Services

OCTOBER 11, 2021

Employers often attempt to limit their obligations towards employees by pre-emptively adding clauses that limit termination entitlements in the employment contract. Generally, the default notice period for an employment contract where there is no termination clause is governed by the common law under the concept of reasonable notice period.

Contract 52

Contract Paralegal Services Paralegal Paralegals 52

Conflict of Laws

AUGUST 28, 2023

For conservative societies, the challenge is even greater, as local authorities may have to decide whether or not to recognise same-sex marriages contracted abroad (in particular when their nationals are involved). The couple in this case had been in a long-term relationship in South Africa since 2010. In 2017, the couple moved to Namibia.

Contract 58

Contract Immigration Divorce Laws 58

SCOTUSBlog

APRIL 17, 2023

That changed in 2013, when USPS signed a contract with Amazon to deliver the company’s packages, including on Sundays. In 1977, the Supreme Court ruled in Trans World Airlines v. USPS fulfilled its contract with Amazon,” he emphasizes, “and no packages went undelivered” as a result of his absences.

Stare Decisis 112

Stare Decisis Government Court Statute 112

SCOTUSBlog

JUNE 17, 2021

Share In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday that Philadelphia violated the First Amendment’s free exercise clause when the city stopped working with a Catholic organization that refused to certify same-sex couples as potential foster parents.

Court 117

Court Contract Government Court Rules 117

SCOTUSBlog

NOVEMBER 15, 2021

Concepcion , the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.

Contract 80

Contract Manufacturing Court Drafting 80

Conflict of Laws

DECEMBER 17, 2022

Albeit there was an arbitration agreement incorporated in the contract between Morgan and the Company, the Company failed to raise any motion about the arbitration agreement at the outset and defended as if the arbitration agreement did not exist. But a court may not devise novel rules to favor arbitration over litigation. ” [iii].

Contract 52

Contract Court Drafting Laws 52

SCOTUSBlog

JUNE 19, 2021

Philadelphia may not terminate its foster-care services contract with Catholic Social Services on the ground that CSS declines, because of its religious beliefs, to certify same-sex couples as foster parents. Fulton applied the rule of Employment Division v. The compelling-interest test need not govern every situation.

Government 116

Government Drafting Court Laws 116

Day on Torts

FEBRUARY 14, 2022

56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

Contract 59

Contract Statute Court Legal 59

ClimateChange-ClimateLaw

APRIL 9, 2024

Switzerland (“ KlimaSeniorinnen ”), the Court held that by failing to put in place a domestic regulatory framework for climate change mitigation, the Swiss government violated Article 8 of the European Convention on Human Rights (ECHR), the right to respect for private and family life. Verein KlimaSeniorinnen Schweiz and Others v.

Litigation 136

Litigation Litigating Court Government 136

SCOTUSBlog

JULY 3, 2022

The North Carolina Supreme Court ruled for the employees. The contracts clause in Article I, Section 10 of the Constitution provides that “No State shall … pass any … Law impairing the Obligation of Contracts.” State Health Plan for Teachers and State Employees v. Biogen International GmbH v. Mylan Pharmaceuticals Inc.

Contract 78

Contract Statute Court Court Rules 78

Conflict of Laws

FEBRUARY 17, 2021

In 2013, the plaintiffs, ePayment Solutions Pty Ltd (EPS) and RCD Holdings Ltd (RCD) concluded a written contract with the defendant, LT Game International (Australia) Ltd (LT) about the development and installation of a computer betting game. The contract was signed in Australia. Governing Law. Its Clause 10 provides. “

Contract 94

Contract Litigation Litigating Court 94