Conflict of Laws

AUGUST 23, 2021

Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses and cruise ship contracts. The cruise line moved to dismiss the case on the basis of a forum selection clause in the ticket mandating that all disputes be resolved by a court in Genoa, Italy. contract a provision limiting.

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Conflict of Laws

FEBRUARY 22, 2024

Supreme Court handed down its decision in Great Lakes Insurance SE v. 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. District Court for the Eastern District of Pennsylvania.

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SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

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JURIST

JUNE 18, 2023

The US Supreme Court ruled Friday that the Department of Justice (DOJ) can retain its power to dismiss third-party federal whistleblower actions filed on behalf of the government under the False Claims Act (FCA). The court found for the government, therefore, Polansky filed for a writ of certiorari to the Supreme Court.

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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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SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

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Conflict of Laws

MAY 31, 2021

In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1] On this basis the defendant/appellant argued that the court of Yobe State had exclusive jurisdiction.

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Constitutional Law Reporter

JUNE 3, 2022

Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Then—nearly eight months after Morgan filed the lawsuit— Sundance moved to stay the litigation and compel arbitration under the FAA. In Morgan v.

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Constitutional Law Reporter

MARCH 5, 2024

Supreme Court heard oral arguments in four cases last week. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Fifth Circuit Court of Appeals denied the motions to stay and the States appealed to the Supreme Court.

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SCOTUSBlog

FEBRUARY 16, 2024

brings the justices yet another case under a statute with which they are all too familiar – the Federal Arbitration Act. As regular readers will know, the court in the last few decades has heard numerous cases under the FAA. LePage Bakeries Park St. The drivers stand or fall on their reading of the text.

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SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. The trial court rejected that argument, and the California Court of Appeals agreed.

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SCOTUSBlog

APRIL 20, 2023

Share During oral argument in two consolidated cases on Tuesday, the court seemed poised to reverse the decision of the U.S. Court of Appeals for the 7th Circuit and reject a ruling observers said would gut the government’s primary anti-fraud statute. At issue on Tuesday in two consolidated cases – U.S.

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Constitutional Law Reporter

MAY 14, 2024

Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. To purchase those rights, they entered into contracts with Flowers that require any disputes to be arbitrated under the FAA.

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FDA Law Blog

JANUARY 6, 2022

Until recently, no federal court had had occasion to interpret EKRA. That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. S&G Labs’ pay structure was important to the Court’s decision regarding the EKRA issue.

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SCOTUSBlog

APRIL 25, 2022

Share The Supreme Court on Monday added two new cases to the merits docket for the 2022-23 term. A state trial court turned him down, prompting Reed to file a federal civil rights lawsuit challenging the constitutionality of the Texas law governing post-conviction DNA testing. This article was originally published at Howe on the Court.

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Conflict of Laws

NOVEMBER 27, 2021

The focus of this write-up is a case note on a very recent decision of the Nigerian Court of Appeal that declined to enforce an exclusive English choice of court agreement. [1] In exercising its discretion the court should take account of all the circumstances of the particular case.

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Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Many passengers contracted COVID-19; some died. The company is incorporated in Bermuda.

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Patently O

MARCH 7, 2022

The court dismissed the case, holding that “the law does not impose strict liability for harms arising out of the storage of personal information.” ” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. Code § 1798.150(a)(1).

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Conflict of Laws

JUNE 28, 2023

It is cross-posted at Transnational Litigation Blog. Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. Washington (1945).

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FDA Law Blog

JANUARY 6, 2022

Until recently, no federal court had had occasion to interpret EKRA. That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. S&G Labs’ pay structure was important to the Court’s decision regarding the EKRA issue.

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Patently O

MARCH 21, 2021

The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. 1338(a) provides Federal district courts with “original jurisdiction of any civil action arising under any Act of Congress relating to patents.” by Dennis Crouch.

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Conflict of Laws

AUGUST 14, 2023

The conference was kicked off by a keynote speech by Justice Philip Jeyaretnam (Singapore International Commercial Court), providing an in-depth analysis of the Court of Appeal’s decision in Anupam Mittal v Westbridge Ventures II [2023] SGCA 1 (discussed in more detail here ). Hence, giving equal weight to the choices of the parties.

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Conflict of Laws

FEBRUARY 28, 2024

On February 20, 2024, the New York Court of Appeals handed down its opinion in Petr óleos de Venezuela S.A. In a victory for PDVSA, the New York Court of Appeals unanimously held that the validity of the bonds was governed by the law of Venezuela. MUFG Union Bank, N.A. The oil company, Petróleos de Venezuela, S.A.

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Patently O

APRIL 11, 2024

The Supreme Court answered that question as it relates to 35 U.S.C. § In answering that question, the Supreme Court applied its recently minted, two-step methodology for assessing the extraterritorial reach of U.S. statutes generally. statutes generally. 284, the Court noted that damages are tied to “the infringement.”

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Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. The Court of Appeals quoted Tenn. In Reiss v. Rock Creek Construction, Inc. ,

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Conflict of Laws

JUNE 10, 2024

The first article authored by Dr. El Hadji Samba Ndiaye (Université de Cheikh Anta Diop de Dakar) is dedicated to La double nationalité des Africains subsahariens et les conflits de lois en matière de statut personnel (Dual nationality of sub-Saharan Africans and conflicts of law in matters of personal status). Written by Pr.

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Patently O

FEBRUARY 29, 2024

” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions. The lower court agreed with MasterCard and dismissed the lawsuit, but the Federal Circuit has now reversed. ” This allows AlexSam to file for breach of contract.

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Conflict of Laws

MARCH 10, 2021

In the year 2020, the Nigerian Court of Appeal delivered at least three decisions on foreign choice of court agreements. [1] In the first two decisions delivered in the year 2020, the Nigerian Court of Appeal gave full contractual effect to the parties’ foreign choice of court agreement. [2]

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At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. Superior Court and limited the issue to: “Is Santa Clara County immune under the Government Claims Act (Gov.

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Conflict of Laws

OCTOBER 28, 2021

One Afghanistan-based company sues another in commercial court in Afghanistan. The Afghanistan Supreme Court reverses. It offers insights into best drafting practices for choice-of-court clauses. courts decide whether these clauses should be enforced. Roughly a year after the RMA-NWTC contract was signed, a dispute arose.

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Conflict of Laws

DECEMBER 16, 2020

Although Dr Oppong did not examine the attitude of Nigerian courts on this issue, his new work which he co-authored with Dr Okoli ( Okoli and Oppong, 2020 ) gives us an insight. Investors may envisage multiple proceedings and the cost of such proceedings are factored into the contract ab initio. The book is an excellent piece.

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Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? In this blog, I’m interviewing Jessie Foss.

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Paralegal Bootcamp

JULY 28, 2022

In my office, we have had several cases we had to give to contract attorneys because of conflicts with co-defendants. In my office, we have had several cases we had to give to contract attorneys because of conflicts with co-defendants. One more thing I would say is key for the Criminal Law Paralegal (and all litigation paralegals!)

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Conflict of Laws

JANUARY 23, 2023

She is currently an Associate to a Judge at the Supreme Court of Victoria. In two recent English cases, the High Court has granted injunctive relief to restrain European proceedings in breach of English forum selection clauses. Kiara graduated from the Law Tripos at the University of Cambridge in 2021 (St John’s College).

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Conflict of Laws

APRIL 22, 2023

In my view, nothing in the academic world compares to taking the “international litigation” class with her. Although she took emerita status in September 2022, she continues as the Co-Director of the NYU Center on Transnational Litigation, Arbitration, and Commercial Law. Thus, this is more than a well-deserved event. 2017; 1st ed.,

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FDA Law Blog

OCTOBER 4, 2023

By Faraz Siddiqui — Last week, a federal court in Ohio denied a preliminary injunction motion by four Chambers of Commerce in their lawsuit against the Medicare Drug Price Negotiation Program. Engler , a 2001 decision by the Sixth Circuit Court of Appeals. Order at 22.

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Patently O

APRIL 25, 2023

NDAs have also not traditionally been treated as contracts in restraint of trade , like noncompetes are. Even Google’s NDA was recently found unenforceable by a California court, because it did not make sure employees could use or share skills they learned at Google with prospective employers.

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