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.

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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.

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Conflict of Laws

MARCH 27, 2024

Background The rules as to service outside the jurisdiction are important to cross-border litigation in Australian courts. Among other things, the rules on service provide the limits to the court’s jurisdiction in personam : Laurie v Carroll (1957) 98 CLR 310 , 323. See Agar v Hyde , CLR 572 [16].

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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. Its Clause 10 provides. “

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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.

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Fordham Law News

JANUARY 27, 2023

17] Specifically, Ticket.com argued that Ticketmaster’s long-term contracts with venues violated the Sherman Act because they restrained the ability for other ticket sellers to compete for contracts with venues. [18] 13] Unfortunately, this is not the first time that Ticketmaster has faced scrutiny regarding its business practices. [14]

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SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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SCOTUSBlog

JUNE 18, 2021

Newsom , the Supreme Court issued an unsigned opinion that appeared to resolve one of the two major free exercise issues previously presented for the court’s consideration in Fulton v. City of Philadelphia.

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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].

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Paralegal Bootcamp

NOVEMBER 28, 2023

Personal Injury Paralegal Boot Camp As a personal injury paralegal, you have an important role in the pre-litigation phase of your claim files. They asked me to review some contracts. And then it got into contract management. But as I was doing the contract management, I came across these agreements. Sure, I can do that.

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SCOTUSBlog

JULY 6, 2021

Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. It marks a major victory for states that seek to innovate or tinker with their election laws — to expand them or to contract them. The court rejected the challenge to Arizona’s laws.

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Day on Torts

MARCH 12, 2021

The trial judge in this case specifically found defendant to be a credible witness, and the Court ruled that “[g]iving due deference to the trial court’s credibility determination, the record supports the trial court’s conclusion that [plaintiff] failed to prove that [defendant] intentionally misrepresented the amounts owed.”.

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SCOTUSBlog

JANUARY 26, 2023

One CEO offered $1 million to any Supreme Court litigator willing to let ChatGPT argue their case (a prospect both ethically dubious and physically impossible ). Spotty knowledge of case law We were eager to see how well ChatGPT would explain Supreme Court rulings, since that’s such a big part of what we do at SCOTUSblog.

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SCOTUSBlog

JANUARY 13, 2022

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts.

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SCOTUSBlog

DECEMBER 31, 2021

Share The first Black woman to clerk on the Supreme Court. Two trailblazing civil-rights litigators. As we did last year , SCOTUSblog looks back and remembers some of the people who died this year and whose lives and work brought them to the highest court in the nation. Huron’s impact extended beyond his work as a litigator.

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Conflict of Laws

APRIL 25, 2024

One of them considers the ‘appropriate court’ ground for service out of jurisdiction provided in Order 8 rule 1(1) and touches on the location of cryptoassets; the other is on Order 8 rule 1(3). A parallel provision to Order 8 rule 1(3) can be found in the Singapore International Commercial Court Rules 2021 (‘SICC Rules’).

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Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. In case the agreement of the parties is ruled by the laws of a Non-European state, it is doubtful whether the harmonized European trade secret law is applicable.

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Conflict of Laws

OCTOBER 28, 2022

The court clarified that the provision governs the jurisdiction of a court also in such cases where a consumer who has contracted with a professional counterparty subsequently relocates to another contracting State. 3 Lugano II) remain possible as a means of protection. Staudinger/F. 6(4)(c) of the Rome I Regulation.

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SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. After a federal appeals court reinstated Laufer’s lawsuit, Acheson went to the Supreme Court, which agreed in March to weigh in on whether Laufer can sue.

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SCOTUSBlog

OCTOBER 8, 2021

The contract provided for resolution by the rules of the German Institution of Arbitration. Court of Appeals for the 6th Circuit, the district court granted Luxshare’s request to subpoena ZF Automotive US, Inc., Court of Appeals for the 10th Circuit upheld the CADA. Following precedent in the U.S. Luxshare, Ltd.

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Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9]

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Day on Torts

MARCH 11, 2022

Having rejected all of plaintiff’s arguments regarding why Owens should not apply, the Court ruled that “the trial court erred in looking beyond the power of attorney for health care to consider the circumstances surrounding its execution and whether the principal was competent to sign the power of attorney for health care.”

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SCOTUSBlog

APRIL 24, 2022

Fourteen years later, the man who was hired as a fluke will be at the Supreme Court, contesting the school district’s decision not to renew his contract because of his post-game prayers at the 50-yard line. From 2008 until 2015, Kennedy worked as a part-time coach for the school district, on a year-to-year contract. 23 and Oct.

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MyCase

SEPTEMBER 21, 2022

The third category of legal tech features specialized litigation solutions and case analysis tools. They can be used to support or replace lawyers who perform core tasks in litigation cases and transactions. . They can be used to support or replace lawyers who perform core tasks in litigation cases and transactions. .

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ClimateChange-ClimateLaw

MAY 1, 2024

The claim regarding embedded emissions ‘contain[ed] an extraterritorial aspect,’ the Court reasoned, but the relevant basis for its jurisdiction was ECHR Article 1, which requires parties to ‘secure to everyone within their jurisdiction the rights and freedoms’ guaranteed in the Convention.

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The Fashion Law

JANUARY 26, 2022

She offers no persuasive reason why the Contract no longer binds her.”. .” ” The case will now go back before the district court on remand.

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Conflict of Laws

JUNE 29, 2023

Coester-Waltjen: Non-Recognition of “Child Marriages“ Concluded Abroad and Constitutional Standards The Federal Supreme Court raised the question on the constitutionality of one provision of the new law concerning “child marriages” enacted by the German legislator in 2017. 13 ss 3 no 1 EGBGB). 7(1) of the Brussels Ibis Regulation.

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JonathanTurley

JUNE 17, 2022

A typical contract simply says that coaches are expected to act in a way “both publicly and privately, which promotes the best interests of the Club, the NFL and professional football, in general.” However, Rivera knows Del Rio is not going to complain or litigate if he wants to continue in the NFL.

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

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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. Tennessee Federal Court Allowed Conservation Groups to Proceed with Challenge to TVA Long-Term Contracts. and non-U.S.

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MyCase

NOVEMBER 2, 2022

Litigators, for example, often juggle filing dates and administrative deadlines—sometimes across jurisdictions. Creating events with court rules-based calculations, using the MyCase and LawToolBox integration. There’s no need to provide a credit card or commit to a contract. Why is Lawyer Organization Important? .

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SCOTUSBlog

JANUARY 6, 2022

Therefore, she reasons, the mandate is necessary to protect those employees from the possibility of contracting COVID-19 while they are at work – saving over 6,500 lives and preventing over a quarter-million employees from being hospitalized over a six-month period.

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Conflict of Laws

AUGUST 3, 2023

Such agreements concluded in advance of any occurred damage are conceivable between individual links of the value chain, such as between employees and subcontractors (in employment contracts) or between different suppliers along the chain (in purchase and supply agreements). EU law does not expressly prohibit such derogation.

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ClimateChange-ClimateLaw

FEBRUARY 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. Colorado Court Ruled on Venue for Colorado Local Governments’ Climate Change Claims. Wikimedia Commons. and non-U.S.

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LawTechnologyToday

NOVEMBER 24, 2021

The most popular usage of e-books by those who do access them was to conduct research on statutes, followed by forms/agreements/contracts, court rules, regulations, and cases in that order.

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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. In re: Border Infrastructure Environmental Litigation , No. and non-U.S. 17cv1215, 17cv1873, 17cv1911 (S.D.

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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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