At the Lectern

AUGUST 20, 2021

Last week, the two wrote in the New York Times that it would violate the federal constitution to have a replacement candidate become governor if he or she received fewer votes than the number of votes cast against recalling Newsom. Are two unpublished Supreme Court decisions on recall elections precedential?

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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SCOTUSBlog

OCTOBER 5, 2023

Several of them are sequels to earlier high court decisions. First Amendment The current court is very solicitous of First Amendment rights. The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. New York and 335-7 LLC v.

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Conflict of Laws

AUGUST 22, 2023

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. Dawei Gongsun, Partner at DGW Kramer LLP (New York).

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ClimateChange-ClimateLaw

APRIL 18, 2023

In 2021, the District Court ruled that the Berkeley ordinance was not preempted by EPCA , rejecting the notion that EPCA preempts local ordinances that do “not facially address any of those [energy conservation or energy use] standards.” New York is located in the Second Circuit, further insulating it from the CRA v.

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Conflict of Laws

JANUARY 24, 2022

Jean Mohamed: Die aktienrechtliche actio pro socio im globalen Kontext – Zur Abgrenzung von materiellem Recht und Verfahrensrecht im anglo-amerikanischen Rechtskreis am Beispiel der derivative action in New York. courts for use in foreign proceedings. Paul Achleitner et al.,

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LexForti

APRIL 22, 2021

The defendant-appellant moved to compel the arbitration and stay the litigation since there was an arbitration clause contained withing the partnership deed. The court therefore, declined again to apply the Indian Law and instead applied federal substantive law and ordinary contract and agency principles.

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Broadcast Law Blog

FEBRUARY 17, 2017

This week, the US Court of Appeals essentially ended Flo and Eddie’s New York case against Sirius XM where it tried to establish a public performance royalty in pre-1972 sound recordings.

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Conflict of Laws

MAY 17, 2023

These courts will not, however, enforce a clause when it is unreasonable or contrary to public policy. The state courts in Florida and Connecticut have become more likely to enforce in recent years. The state courts in Georgia have become less likely to enforce in recent years. They apply federal common law.

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Conflict of Laws

AUGUST 24, 2022

As always, we endeavor to collect all Chinese court decisions involving the recognition and enforcement of foreign judgments (“REFJ”), and foreign counterparts concerning the recognition and enforcement of Chinese judgments. The Case List is made available for our readers to build reasonable expectations on REFJ in China.

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The Fashion Law

OCTOBER 11, 2021

The thing about famous trademarks is that they make strong images in people minds,” he told the New York Times , “but when consumers see imitations without the ability to compare products side by side, there is a resonance, there is a recognition: ‘Oh, is that Adidas?’“. The Dutch Supreme Court decision brings the case to an end.

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Broadcast Law Blog

AUGUST 21, 2018

The decision looks like a simple premise that digitization is no magic bullet to defeat pre-1972 sound recording claims, but there is much to unpack in this seemingly straightforward decision. First, we need to provide a little background on the litigation over pre-1972 sound recordings.

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ClimateChange-ClimateLaw

MAY 12, 2023

In total, at least 25 cases have been filed in California, Colorado, Connecticut, Delaware, Hawai’i, Maryland, Minnesota, New Jersey, New York, Rhode Island, South Carolina, and Vermont. The Supreme Court sided with the fossil fuel company defendants, ruling that appellate courts could review all grounds of the remand order.

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Conflict of Laws

AUGUST 30, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? 847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. The Value of a New Judgments Convention for U.S.

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Broadcast Law Blog

MARCH 16, 2017

The Florida case has been referred to that state’s highest court for an advisory ruling on the state of the state’s law on the issue, and earlier this week, the same thing happened in California. The music battle continues over the question of whether state laws provide a public performance right in pre-1972 sound recordings.

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Broadcast Law Blog

OCTOBER 27, 2017

This case reached the Florida Supreme Court when it was certified by the United State Court of Appeals which was reviewing a District Court decision reaching the same conclusion as did the Florida Supreme Court – that there was no performance right under state law for pre-1972 sound recordings (see our summary of the District Court decision here ).

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Conflict of Laws

APRIL 4, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? 847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. The Value of a New Judgments Convention for U.S.

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Broadcast Law Blog

AUGUST 24, 2016

In the interim, the radio industry is negotiating new royalties with both of these organizations, as the current license agreements expire at the end of this year (see our article here ). Rates under the settlements, which will be decided by arbitration if not resolved by negotiation, are currently being worked on.

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Conflict of Laws

FEBRUARY 17, 2021

Breaking) News From The Hague: A Game Changer in International Litigation? The 2005 Hague Choice of Court and the 2019 Hague Judgments Conventions versus the New York Convention – Rivals, Alternatives or Something Else?”, The Value of a New Judgments Convention for U.S. Coco, Sarah E. Cuniberti, Gilles.

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Conflict of Laws

APRIL 20, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

FEBRUARY 15, 2023

Breaking) News From The Hague: A Game Changer in International Litigation? 847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. The Value of a New Judgments Convention for U.S.

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Broadcast Law Blog

JULY 1, 2015

It may mean that Sirius was tired of the litigation, and wanted to buy peace, at least with the major labels. The litigation may also have been interfering with other business between the company and the labels, so peace may have brought some security. What does this settlement mean?

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Conflict of Laws

AUGUST 31, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

JANUARY 11, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

FEBRUARY 16, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

SEPTEMBER 28, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vis-a-vis International Commercial Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Resolution”, Journal of Dispute Resolution 2022-02, pp. Breaking) News From The Hague: A Game Changer in International Litigation?

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Conflict of Laws

NOVEMBER 23, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. New York Trial Court Set Parameters for Exxon’s Compliance with Attorney General’s Climate Change Investigation.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. On November 23, GM announced that it was withdrawing from the litigation. New York v. and non-U.S.

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Conflict of Laws

JUNE 21, 2022

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

DECEMBER 7, 2021

Appraisal of the Success of the Instruments of International Commercial Arbitration vs. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Breaking) News From The Hague: A Game Changer in International Litigation? rs-953987/v1 ).

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Conflict of Laws

NOVEMBER 17, 2021

Therefore, the discrepancy between pre-decision opinion and final award does not amount to annulment of the award. [xv]. The abovementioned court decisions are somehow problematic: the pre-decision notification is by no means a mere investigating tool for the tribunal. Preference of Parties.

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HowAppealing

DECEMBER 10, 2021

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G. .”

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Constitutional Law Reporter

JUNE 17, 2022

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. Often, Boule would agree to help illegal border crossers enter or exit the United States, only to later call federal agents to report the unlawful activity. Anderson v. Creighton , 483 U.S. 635 (1987).

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SCOTUSBlog

JANUARY 13, 2021

After staying up late to resolve a flurry of last-minute litigation concerning the execution of Lisa Montgomery , the justices will hear their third and final oral argument of the week at 10 a.m. Citing Taylor Swift, Supreme Court Seems Set to Back Nominal Damages Suits (Adam Liptak, The New York Times).

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The New Jersey federal court concluded that private and public interests weighed in favor of transfer. and non-U.S.

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SCOTUSBlog

DECEMBER 31, 2020

Paul Clement, the conservative Supreme Court advocate who frequently sparred with Ginsburg during oral arguments, called her “ a path-marking litigator for equality for women and a keen legal tactician.”. Ruth Ginsburg was one of the members of the Court who achieved greatness before she became a great justice,” he wrote.

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