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.

Contract 52

Contract Laws Civil Law Procedural Law 52

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. I use a pre-litigation checklist for new legal assistants in our personal injury practice. In that moment it occurred to me I had gravely miscalculated my training and mentoring methods.

Legal Assistant 265

Legal Assistant Legal Assistance Legal Legal 265

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

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

Contract 67

Contract Laws Court Statute 67

Conflict of Laws

OCTOBER 3, 2022

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. There was, however, one important omission.

Laws 52

Laws Drafting Litigation Litigating 52

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.

Statute 99

Statute Court Contract Tort 99

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

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Personal Injury Law Firm Law Firms Tort 83

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. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Conflict of Laws

MARCH 27, 2024

Background The rules as to service outside the jurisdiction are important to cross-border litigation in Australian courts. Whether a litigant has a judicial remedy before a court with respect to a person located outside of that court’s territorial jurisdiction will depend on that court’s rules as to service, among other things.

Tort 60

Tort Litigation Litigating Court 60

SAV Paralegal Services

OCTOBER 30, 2021

litigation, as this court is not that small how it looks. considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. . Paralegals are designed to support litigants through the small claims process. It has a monetary jurisdiction to consider.

Paralegal 52

Paralegal Paralegals Contract Litigation 52

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.

Paralegal 246

Paralegal Paralegals Legal Assistant Legal Assistance 246

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.

Paralegal Certificate 130

Paralegal Certificate Paralegal Paralegals Bar Exam 130

Paralegal Bootcamp

MAY 20, 2022

ARE YOU NEW TO LITIGATION? If you are new (or fairly new) to litigation, this free guide will help you get a handle on your cases and be able to anticipate what the attorney needs before they ask for it. This also provides a backup as a reference in my absence. Case management systems help fill that gap but make sure they are updated.

Paralegal 246

Paralegal Paralegals Attorney Calendaring 246

SCOTUSBlog

NOVEMBER 11, 2022

Kagan and Kavanaugh shifted to when administrative remedies preclude private judicial enforcement, with Kagan suggesting a presumption in favor of Section 1983 absent “incompatibility,” a conflict or tension between administrative remedies and private litigation. Arguments of the State of Indiana. That framing “gets the statute backwards.”

Court 88

Court Statute Cause of Action Contract 88

Conflict of Laws

JANUARY 14, 2021

Geert van Calster has just published the third edition of the book titled “European Private International Law: Commercial Litigation in the EU” with Hart. The blurb reads as follows: This classic textbook provides a thorough overview of European private international law.

Laws 52

Laws Tort Contract Litigation 52

Conflict of Laws

JANUARY 2, 2023

Special jurisdiction: Present special jurisdiction rules apply to “disputes concerning contract or other property rights or interests”. Jurisdiction over consumer contracts: The proposal inserts protective jurisdiction rule for consumer contracts (Art. Jurisdiction over cyber torts: With regard to cyber torts, 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. Many passengers contracted COVID-19; some died. Background The Ruby Princess’ passengers contracted on different sets of terms and conditions (US, UK and AU). The passengers hail from Australia, and other countries.

Laws 56

Laws Contract Statute Construction 56

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.

Court 52

Court Tort Cause of Action Litigation 52

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

It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. It is thought to be a significant jurisdictional obstacle in transboundary environmental disputes involving foreign land.

Laws 52

Laws Tort Contract Court 52

The IP Law Blog

MARCH 2, 2021

Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? But we believe the decision is unlikely to have much of a practical effect on trademark litigation other than in situations substantially similar to Romag.

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Manufacturing Mens Rea Contract Tort 52

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.

Procedural Law 56

Procedural Law Laws Litigation Litigating 56

SimplyLawJobs

DECEMBER 17, 2021

I was also able to experience tort law, criminal law, and public law. 11:15 am My first class of the day is a contract law seminar with John Kennedy. In contract law, we work right through from contract formation and terms to remedies as a result of a breach. Join me for a day and experience the life of a law student.

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Paralegal Paralegals Contract Contract Law 75

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Court Construction 45

Day on Torts

MARCH 12, 2021

Plaintiff “point[ed] to various other billing entries and miscellaneous facts in an attempt to portray [defendant] as dishonest,” as plaintiff asserted that defendant had “made poor decisions while representing him in the divorce case” and had been involved in other litigation. citing Alexander ).

Attorney 59

Attorney Court Contract Divorce 59

Conflict of Laws

NOVEMBER 3, 2022

The Venezuelan Constitution requires legislative approval for contracts in the national public interest. Until drafting practices converge on a consistent and coherent model, the choice-of-law question is likely to remain fodder for litigation. This post is cross-posted at Transnational Litigation Blog.].

Government 52

Government Drafting Contract Laws 52

Conflict of Laws

JUNE 20, 2022

The Spanish state and some other parties sought damage compensation, in the context of the criminal proceedings before the Audiencia Provincial de A Coruña commenced against the master, owners, and the London P&I Club, the liability insurer of both the vessel and its owners, in 2003.

Contract 52

Contract Court Tort Litigation 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. UMG considers this a violation of copyright law. The Waits court, which relied on Midler, found similarly.

Statute 52

Statute Tort Laws Contract 52

Conflict of Laws

JUNE 29, 2023

The respective rule invalidated marriages contracted validly according to the national law of the intended spouses if one of them was younger than 16 years of age (Art. While the decision is formally a procedural one, its most striking passages address substantive tort law. 13 ss 3 no 1 EGBGB).

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

DECEMBER 12, 2020

In international civil litigation, many cases involve a foreign defendant not domiciled or residing within China. Article 265 of the CPL prescribes the following: [11]. the judge emphasised the need to spell out the lex rei sitae at the time when the legal fact occurred for the cases of recovering cultural property.

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Laws Court Contract Legal 98

SimplyLawJobs

SEPTEMBER 13, 2021

Unit 2: Law of Contract & Law of Tort. Unit 3: Civil Litigation Practice. The course also covers legal terminology, legal document production, how to complete legal forms and how to type professional correspondence. . The units are set out as follows: . Introduction: General Procedures & Legal Terminology. ?Unit

Legal Secretary 70

Legal Secretary Legal Legal Law Firm 70

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. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

Contract 10

Contract Tort Procedural Law Court 10

SCOTUSBlog

OCTOBER 13, 2021

The favorable-termination rule seeks to avoid parallel civil and criminal proceedings, to avoid inconsistent judgments, and to prevent individuals from using civil litigation to collaterally attack convictions. Favorable termination serves important values independent of other elements of the tort and thus should be retained.

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Court Tort Government Contract 90

MyCase

AUGUST 22, 2022

Litigation : This may include a range of both civil and criminal litigation cases, such as personal injury tort claims, divorce and family law cases, contract disputes, and so on. . Tax law : Boutique law firms that specialize in tax law may cover laws of individuals, corporations, and entities.

Law Firm 52

Law Firm Law Firms Laws Lawyer 52

Conflict of Laws

JULY 9, 2021

8] However, the respondent did not challenge the jurisdiction of the Mainland maritime court over the dispute arising from the contract of carriage of goods by sea. Bell, Forum Shopping and Venue in Transnational Litigation (Oxford University Press 2003), at 196. The SPC’s injunction in Huawei v. ———-. See Andrew S.

Court 52

Court Procedural Law Litigation Litigating 52

Conflict of Laws

SEPTEMBER 14, 2023

Convention, the FSIL deals separately with employment contracts (Article 8) and intellectual property cases (Article 11). The NPC Standing Committee also helpfully changed Article 9’s territorial tort exception to clarify when that exception applies. The general practice in China is that courts, rather than litigants, serve process.

Drafting 46

Drafting Court Laws Government 46

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. It is advised that certain safeguards be explicitly mentioned in the financing contract and conflict-of-interest guidelines. Balaji [17].

Finance 52

Finance Litigation Litigating Contract 52