ClimateChange-ClimateLaw

JUNE 26, 2023

This makes it difficult for citizens to bring claims against corporations and request an injunction on the basis of tort law to activities that are harmful to climate even though climate change is known to cause health damage to people. This case was appealed to the Supreme Court and was closed with that Court’s refusal to review the case.

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Court Construction Litigation Litigating 108

Conflict of Laws

AUGUST 23, 2023

The monograph predominantly examines 19 Indonesian court decisions on choice of law in international commercial contracts during the period, 2000-2020. Like other Asian and African countries, Indonesia experiences legal pluralism, due to its history of Dutch colonialism and a form of apartheid.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

FEBRUARY 27, 2022

He was the President of the International Academy of Comparative Law (1998-2006), Director of the Hellenic Institute of International and Foreign Law (1990-2007), member of the European Academy (since 1994), the International Union of Legal Science (since 1993) and the International Union of Procedural Law (since 1995)y.

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Procedural Law Law School Tort Contract 52

Conflict of Laws

APRIL 26, 2021

At 11pm (GMT) on 31 December 2020, the United Kingdom moved out of its orbit of the European Union’s legal system, with the end of the transition period in its Withdrawal Agreement and the conclusion of the new Trade and Cooperation Agreement. Voß: Qualifying Direct Legal Claims and culpa in contrahendo under European Civil Procedure Law.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JUNE 2, 2022

Lagoudi; Court of First Instance Korinthos No 1/2022, on the topic of parental care and maintenance of an out-of-marriage minor by parents of foreign citizenship, with commentary by Dr. G.-A.

Tort 40

Tort Court Procedural Law Laws 40

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. 2021 Federal Court Decision .

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Litigation Litigating Court Personal Injury 40

Conflict of Laws

SEPTEMBER 14, 2023

Article 5 provides that a foreign state is deemed to consent if it files suit as a plaintiff, participates as a defendant and files “an answer or a counterclaim on the merits of the case,” or participates as a third party in Chinese courts. It is unclear if Chinese courts applying the FSIL will reach the same conclusion.

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Drafting Court Laws Government 48

Conflict of Laws

JULY 5, 2021

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. This comment raises the question whether the decision reduces or in effect continues the previous uncertainty.

Contract 52

Contract Procedural Law Court Laws 52

Conflict of Laws

SEPTEMBER 1, 2022

In cross-border proceedings, service of legal documents poses particular problems, which are addressed by the European Regulation on the Service of Documents. Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. This norm is part of procedural law.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

JUNE 7, 2022

F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?” This article assesses these decisions and their significance for transnational corporate accountability.

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Laws Tort Drafting Litigation 40

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Energy & Environment Legal Institute v. Alaska Oil & Gas Association v.

Litigation 40

Litigation Litigating Attorney Court 40

Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

Laws 52

Laws Stare Decisis Legal Legal 52

JonathanTurley

NOVEMBER 27, 2022

The filing is particularly interesting because it focuses not as much on the BDSM or bondage bears being marketed by Balenciaga, but the inclusion the image of a child pornography court ruling. The company, however, could face some significant legal challenges over its own role in the campaign. AlisonHowardC.

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Court Depose Court Decisions Cause of Action 39

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. 97182-0 (Wash. 2012 CA 008263 B (D.C.

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

JUNE 8, 2021

Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. Justice Alito did not take part in the case. Circuit granted the motion on May 26, 2021.

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Court Statute Government Litigation 42

ClimateChange-ClimateLaw

APRIL 23, 2021

He is the editor of Combating Climate Change with Section 115 of the Clean Air Act: Law and Policy Rationales , which includes chapters from numerous authors addressing some of the legal issues discussed in this post.

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Statute Laws Court Court Decisions 98

ClimateChange-ClimateLaw

JULY 2, 2021

Supreme Court denied fossil fuel companies’ petition for writ of certiorari seeking review of the Ninth Circuit’s decision reversing the district court’s 2018 denial of Oakland’s and San Francisco’s motions to remand their climate change nuisance cases to California state court. Animal Legal Defense Fund v.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

Circuit Court of Appeals dismissed a challenge to license renewals for the Turkey Point nuclear generating station in Florida as “incurably premature.” The court concluded that it lacked jurisdiction because administrative appeals that raised the same legal issues were still pending before the Nuclear Regulatory Commission.

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Court Statute Litigation Litigating 115

JonathanTurley

DECEMBER 27, 2020

The threat to the free press is obvious and was the basis for foundational court decisions. The standard for defamation for public figures and officials in the United States is the product of a decision over 50 years ago in New York Times v. Like “disinformation,” it is heavily laden with subjectivity.

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Laws Tort Law School Court 43