JURIST

DECEMBER 19, 2023

The Colorado Supreme Court held on Tuesday that former US President Donald Trump is disqualified from holding the office of the presidency and held that he can no longer appear on the state’s Republican primary ballot in the upcoming 2024 presidential race. ” The court’s Tuesday decision was not without dissent, however.

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ClimateChange-ClimateLaw

OCTOBER 12, 2021

The last few days saw two major developments in international rights-based climate litigation, with the adoption of a new resolution by the United Nations Human Rights Council (HRC) and a long-awaited decision on a climate case by the Committee on the Rights of the Child (CRC). Recent Developments on rights-based climate litigation.

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Human rights litigation and Rome II.

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Paralegal Bootcamp

NOVEMBER 29, 2020

All of this, while also meeting strict deadlines usually set by a judge, a court rule, or a regulation. Some of the best paralegals I’ve worked with have been the ones who walk into my office a week before something is due and tell me they’ve already started drafting it. Drafting legal documents. Pro Tip from an Attorney.

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LawSites

FEBRUARY 22, 2024

In fairness, the Missouri case involved a pro se litigant, not a lawyer, but that pro se litigant claimed to have gotten the citations from a lawyer he hired through the internet. Karlen , the unwitting litigant filed an appellate brief in which 22 of 24 cases were fictitious. In the Missouri case, Kruse v. ” Smith v.

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SCOTUSBlog

JANUARY 26, 2023

One CEO offered $1 million to any Supreme Court litigator willing to let ChatGPT argue their case (a prospect both ethically dubious and physically impossible ). Spotty knowledge of case law We were eager to see how well ChatGPT would explain Supreme Court rulings, since that’s such a big part of what we do at SCOTUSblog.

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ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Second, the court found no “significant conflict” between any “concrete and specific” federal policy or interest and the application of Hawai‘i law. Third, the court found that at this stage of the litigation the defendants had made “no concrete showing that a damages award in this case would somehow regulate emissions.”

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SCOTUSBlog

NOVEMBER 15, 2021

Concepcion , the Supreme Court ruled that the Federal Arbitration Act requires courts to put arbitration agreements “on an equal footing with other contracts.” On Monday, the court agreed to hear a lawsuit from a fast-food worker who alleges that a lower court treated an arbitration clause too favorably.

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Conflict of Laws

SEPTEMBER 14, 2023

In two prior posts ( here and here ), I discussed a draft of the FSIL (English translation here ). In this post I analyze the final version of the law, noting some of its key provision and identifying changes from the draft, some of which address issues that I had identified. but not to “rulings.”

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Conflict of Laws

AUGUST 30, 2023

A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. Breaking) News From The Hague: A Game Changer in International Litigation? 11 of August 2000 (available here ), pp 19-128 II. “A 2019-02, pp 1-35 Brand, Ronald A.

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SCOTUSBlog

JUNE 24, 2023

By a vote of 6-3, the Supreme Court ruled on Thursday in Pugin v. Such “redundancies are common in statutory drafting,” Kavanaugh wrote. While Jackson’s approach did not carry the day, it offers some discernable limitation that future parties may use in litigation.

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Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Instead, we address a gap in the Draft Directive, namely the lack of any provisions on jurisdiction.

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SCOTUSBlog

JANUARY 18, 2021

The companies suggest that their interpretation is consistent with the Supreme Court’s cases interpreting three other statutes allowing review of district court orders, in which the court ruled that an appeals court can review both “the particular aspect of the order that permitted the appeal” and also “any other issues encompassed in the order.”

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SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims.

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SCOTUSBlog

DECEMBER 31, 2021

Share The first Black woman to clerk on the Supreme Court. Two trailblazing civil-rights litigators. As we did last year , SCOTUSblog looks back and remembers some of the people who died this year and whose lives and work brought them to the highest court in the nation. Huron’s impact extended beyond his work as a litigator.

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Conflict of Laws

APRIL 4, 2023

A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. Breaking) News From The Hague: A Game Changer in International Litigation? 11 of August 2000 (available here ), pp 19-128 II. “A 2019-02, pp 1-35 Brand, Ronald A.

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Conflict of Laws

MAY 6, 2024

We would also like to thank Professor Beligh Elbalti for his critical comments on the draft blogpost. The Civil Procedure Act is the primary Act governing civil litigation in Kenya, while the Civil Procedure Rules 2010 are the primary subsidiary regulations for the same.

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Conflict of Laws

APRIL 20, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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Conflict of Laws

NOVEMBER 23, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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Conflict of Laws

JANUARY 11, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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Conflict of Laws

FEBRUARY 16, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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Conflict of Laws

DECEMBER 7, 2021

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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SCOTUSBlog

OCTOBER 26, 2022

Share In 2003, the Supreme Court ruled in Grutter v. The test that it outlines is so vague, SFFA argues, that the only way to determine whether a university can meet it is through litigation. The Harvard and UNC cases, it notes, “alone have required more than seven years of expensive, cumbersome litigation.”

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Conflict of Laws

AUGUST 31, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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JonathanTurley

NOVEMBER 23, 2022

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc. This includes openly gaming litigation to the irritation of individual justices. New York Democratic Gov. in Christian v.

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Conflict of Laws

FEBRUARY 15, 2023

A Critical Overview of the Hague Preliminary Draft on Judgments”, Yearbook of Private International Law 17 (2015/2016), pp 1-31 Bonomi, Andrea; Mariottini, Cristina M. Breaking) News From The Hague: A Game Changer in International Litigation? 11 of August 2000 (available here ), pp 19-128 II. “A 2019-02, pp 1-35 Brand, Ronald A.

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Conflict of Laws

SEPTEMBER 28, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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.

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Conflict of Laws

JUNE 21, 2022

Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel.-Doc. 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 rs-953987/v1 ).

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Conflict of Laws

DECEMBER 17, 2022

Nearly 8 months after the commencement of the litigation, the company raised jurisdictional objection by invoking the omitted arbitration agreement and filed the motion to compel arbitration under the 1925 Federal Arbitration Act (hereinafter “FAA”). But a court may not devise novel rules to favor arbitration over litigation. ” [iii].

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Conflict of Laws

JUNE 29, 2023

More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 7(1) of the Brussels Ibis Regulation.

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JonathanTurley

JANUARY 3, 2022

The court ruled 5-4 to allow the Texas law to be enforced. The Biden administration and other litigants then forced a reconsideration of that decision. The court — as expected — allowed the appeal to go forward for some of the litigants in the lower court but again refused to enjoin the law.

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JonathanTurley

DECEMBER 31, 2022

On December 30, the United States Court of Appeals for the Eleventh Circuit handed down a major opinion in in Adams v. The court ruled 7-4 against a statutory and constitutional challenge of a transgender student to a district policy requiring students to use bathrooms corresponding to their biological sex.

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JonathanTurley

FEBRUARY 5, 2022

According to the Daily Mail , Palin’s counsel questioned Times’ reporter Elizabeth Williamson , who wrote the first draft of the article. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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SCOTUSBlog

DECEMBER 31, 2022

This spring, after POLITICO published a draft opinion of Dobbs and revealed that the court was poised to overturn Roe , Beckwith praised the leak. In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court.

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SCOTUSBlog

DECEMBER 1, 2023

Pivotal role at the center of the court During her nearly quarter-century as a justice, O’Connor wrote 645 opinions. In her interview with the Harvard Business Review after leaving the court, she said that “[i]t’s good if you can get agreement among your colleagues” when drafting opinions. In Citizens United v.

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SCOTUSBlog

JANUARY 6, 2022

A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. The issues and arguments in the dispute over the Medicare/Medicaid vaccine mandate are in many ways similar to those in the employer vaccine-or-test mandate.

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FDA Law Blog

APRIL 23, 2021

Blumberg, who was then the FDA’s Deputy Chief Counsel for Litigation, can be found at 58 Food and Drug L.J. In contrast, asking a court to take money from a defendant based on past violations of the FDC Act is largely, if not entirely, backward-thinking and perhaps even punitive. Fleder, Can FDA Seek Restitution or Disgorgement ? ,

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