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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Conflict of Laws

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. It was often assumed that the claim must have “arisen out of” the defendant’s forum contacts: what did that mean?

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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

In Pennsylvania Fire , that Missouri statute was invoked to establish jurisdiction over a Pennsylvania insurance company regarding a contract formed in Colorado to insure a Colorado facility owned by an Arizona company. Montana Eighth Judicial District Court (2021).

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US federal judge allows Oklahoma ban on gender-affirming care for minors to take effect

JURIST

Judge Hein rejected this claim by citing numerous cases to summarize ways in which “American law” restricted minors from entering contracts, being held criminally liable and purchasing certain goods. The ruling shows a growing divide in the federal court system on how to approach gender-affirming care bans.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 3/2022: Abstracts

Conflict of Laws

Hau: Interim relief against contracting authorities: classification as a civil and commercial matter, coordination of parallel proceedings and procedural autonomy of the Member States. They are intended to render legal disputes plannable and predictable. The decision under discussion comes into conflict with these objectives.

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July 2017 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The majority responded to this latter point by saying that “[t]he dissent’s view is akin to saying that incurring a debt has legal consequences, but forgiving one does not. The Second Circuit said the Connecticut statutes authorizing the solicitations did not compel utilities to enter into contracts with specific bidders.

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Buying Insurance For A House Already On Fire

ALPS

On February 23, 2021, the Montana Supreme Court issued an opinion delivered by Justice Laurie McKinnon in ALPS Prop. & For the purists reading this blog, be forewarned that I am not providing legal citations or an in-depth review of the legal holdings. Keller, Reynolds, Drake, Johnson & Gillespie, P.C. 2021 MT 46 (Mont.

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ALPS In Brief – Episode 53: How to Handle Extraordinary Experiences

ALPS

I’m Mark Bassingthwaighte and welcome to ALPS In Brief, the podcast that comes to you from the historic Florence building in beautiful downtown Missoula, Montana. JEREMY: Actually I don’t read legal thrillers. Transcript: MARK BASSINGTHWAIGHTE: Okay. MARK: Awesome. And what is the topic of the novel? MARK: Right.

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