Conflict of Laws

AUGUST 23, 2023

1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

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Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JUNE 26, 2022

265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art. Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

Contract 52

Contract Litigation Litigating Tort 52

Conflict of Laws

FEBRUARY 19, 2024

We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them. Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?;

Healthcare 64

Healthcare Litigation Litigating Tort 64

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 responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

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Court Statute Cause of Action Contract 87

Conflict of Laws

MARCH 27, 2024

The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia. In a March notice to practitioners , the Chief Justice informed the profession that the Supreme Court Amendment Rules 2024 (WA ) ( Amendment Rules ) were published on the WA legislation website on 26 March 2024.

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Tort Litigation Litigating Court 60

Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. I argued for the laws at the time of litigation.

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Laws Drafting Litigation Litigating 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. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigation 52

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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Prima Facie Case Tort Statute Construction 59

SAV Paralegal Services

OCTOBER 30, 2021

There are several misconceptions that exist when it comes to the Small Claims Court. litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. Paralegals are designed to support litigants through the small claims process.

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Paralegal Paralegals Contract Litigation 52

Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

Attorney 59

Attorney Court Contract Divorce 59

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. That will dictate the “where.”

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Paralegal Paralegals Legal Assistant Legal Assistance 246

Conflict of Laws

JANUARY 2, 2023

Special jurisdiction: Present special jurisdiction rules apply to “disputes concerning contract or other property rights or interests”. Furthermore, “the Chinese court may have jurisdiction over the action if the dispute is of other proper connections with China” (Art. 35 on choice of court agreement in purely domestic cases, Art.

Drafting 52

Drafting Contract Tort Litigation 52

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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Laws Contract Statute Construction 56

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 Certificate Paralegal Paralegals Bar Exam 130

Conflict of Laws

SEPTEMBER 21, 2023

However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.

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Procedural Law Laws Litigation Litigating 56

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 124

Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52

Laws Tort Contract Court 52

At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.

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Cause of Action Tort Court Construction 45

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Summary of the Supreme Court’s Opinions. 3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award.

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Manufacturing Mens Rea Contract Tort 52

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Tort Court Laws Procedural Law 52

Conflict of Laws

JUNE 20, 2022

This morning, the CJEU has pronounced on the interplay between the Brussels I bis Regulation and arbitration, this time in the context of the recognition in the UK of a judgment given by a Spanish court. This case C-700/20 results from the event taking place two decades ago.

Contract 52

Contract Court Tort Litigation 52

Conflict of Laws

DECEMBER 16, 2020

1] Like in many other common law jurisdictions, Nigerian courts recognize and enforce foreign judgments only if, in the eyes of Nigerian PIL, the foreign court had jurisdiction to render the judgment in question. [2] From a comparative perspective, Canadian courts have applied the real and substantial connection test.

Laws 52

Laws Court Cause of Action Litigation 52

Conflict of Laws

DECEMBER 12, 2020

This is the first time in history that a Chinese court seized jurisdiction over a case filed by Chinese plaintiffs to repatriate a stolen cultural property illicitly exported. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5].

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Laws Court Contract Legal 98

Conflict of Laws

NOVEMBER 3, 2022

The Venezuelan Constitution requires legislative approval for contracts in the national public interest. New York law governs a big part of the sovereign debt markets, and the choice-of-law question in the PDVSA 2020 case has been certified to the New York Court of Appeals. Will that court’s decision offer clarity?

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Government Drafting Contract Laws 52

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. The trial court in Midler initially granted Ford its motion for summary judgment. The Waits court, which relied on Midler, found similarly.

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Statute Tort Laws Contract 52

SCOTUSBlog

OCTOBER 13, 2021

Thompson’s claim before the Supreme Court is against one responding officer, Pagiel Clark, who signed a criminal complaint during Thompson’s initial post-arrest detention. He also urged the court to avoid numerous issues about the scope and elements of the claim because Clark had not raised them below. Thompson’s arguments.

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Court Tort Government Contract 89

Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. Article 3 says: “Foreign states and their property enjoy immunity from the jurisdiction of PRC courts, except as otherwise provided by this Law.”

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Drafting Court Laws Government 46

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. Courts are struggling with the right approach to the relevant rules.

Contract 10

Contract Tort Procedural Law Court 10

SimplyLawJobs

SEPTEMBER 13, 2021

You will learn about the day-to-day tasks of a Legal Secretary, various areas of law, the legal profession and how the court system operates. Unit 2: Law of Contract & Law of Tort. Unit 3: Civil Litigation Practice. Unit 3: Civil Litigation Practice. The units are set out as follows: .

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Legal Secretary Legal Legal Law Firm 70

Conflict of Laws

AUGUST 3, 2023

After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. If the remaining alternative is to bring an action in a court outside the EU, the application of the CSDDD civil liability regime is not, however, guaranteed. Common to Arts. 22 (5) CSDDD.

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Drafting Diligence Procedural Law Court 52

SCOTUSBlog

JANUARY 6, 2023

The strike lasted one week before the parties reached agreement on a new contract. Glacier asked a Washington state court to make the Teamsters pay for damage that happened when cement hardened after the strike began. The court has recognized only a narrow exception to the preemption doctrine. In San Diego Building Trades v.

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Tort Government Court Litigation 137

LexForti

JUNE 2, 2022

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Court of Wards [15] where it was clarified that as long as the funding for the process was for a portion of the proceeds, it was not illegal. In 1939, a stance was taken in Ram Surap v.

Finance 52

Finance Litigation Litigating Contract 52

Conflict of Laws

MARCH 22, 2022

They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. For the first time, the CJEU has ruled in VEB v BP on the court competent for deciding liability suits regarding misinformation on the secondary securities market.

Contract 8

Contract Tort Litigation Litigating 8

Conflict of Laws

OCTOBER 9, 2021

Fighting poverty and other global ills, improving health and education, reducing inequality and boosting economic growth while combating climate change are the themes of this agenda, also referred to as a “contract for the future of the world”. In her presentation, she focused on tort law.

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Laws Education Legal Legal 75

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 Ruth Bader Ginsburg, the Supreme Court has not only lost an icon of gender equality and towering figure, but also a great internationalist.

Contract 52

Contract Tort Court Litigation 52

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Respondents William Kivett and Bernard and Lisa Bravo filed a class action (which the district court later certified) against mortgage lender Flagstar for not paying interest on their escrow accounts.

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Laws Court Personal Injury Tort 83