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The Japanese Yearbook of International Law (Vol. 66, 2023)

Conflict of Laws

It contains the following articles, case notes, and English translations of some court decisions relating to or relevant to private international law. 457) Judicial Decisions in Japan Private International Law Intellectual Property High Court, Judgment, July 20, 2022 Applicable Law — Patent Infringement — Territoriality Principle (p.

Tort 57
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Supreme Court limits homeowners’ ability to sue their lenders in tort

At the Lectern

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.

Tort 49
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High Court Refuses to Hear Abu Ghraib Defense Contractor’s Torture Appeal

The Crime Report

CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S. The men filed their lawsuit in 2008 under the 1789 U.S.

Tort 75
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Three Supreme Court cases lead to California Lawyer of the Year honors

At the Lectern

Three of the cases resulted in Supreme Court opinions. One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. The third CLAY award Supreme Court decision is Sheen v. 5th 905 — “ Lenders don’t owe borrowers a general duty of care, top state court rules.”

Lawyer 81
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Traffic accident involving Florida girl leads to Medicaid-reimbursement dispute

SCOTUSBlog

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. This case will determine how those provisions apply specifically to future medical expenses.

Tort 76
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Tort Litigation against Transnational Companies in England

Conflict of Laws

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

Tort 75
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Anti-enforcement injunction granted by the New Zealand court

Conflict of Laws

In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court. The English Court said that extending the tort to foreign proceedings “would be out of step with [its] ethos”, which is “the Court’s control of its own powers and resources” (at [97]).

Court 52