ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication. In Neubauer, et al.

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Litigation Litigating Government Legal 96

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.

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Laws Court Contract Legal 98

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.

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Real Estate Statute Court Tort 52

Conflict of Laws

SEPTEMBER 14, 2023

Article 5 further provides that a foreign state participating as a plaintiff or third party waives immunity from counterclaims arising from the same legal relationship or facts. Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. This makes sense.

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Drafting Court Laws Government 48

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.” Code Ann. §

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Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. In this case, the court ruled that that burden was not satisfied. Loyd was later found incompetent to stand trial. ” Rodriguez v.

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Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Leave to Issue and Serve Versus Substituted Service. John Akinkunmi Shoyoye and Anor. 1977) 5 SC 181.

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Court Contract Statute Laws 76

Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.

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Conflict of Laws

DECEMBER 13, 2022

After an overview of the application of the WAMCA, which has been introduced in a different context on this blog earlier , we will discuss how the Court assessed the question of international jurisdiction. As no EU rules or international convention applies, the Dutch jurisdiction rules laid down in Articles 1-14 DCCP apply.

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Conflict of Laws

MAY 26, 2021

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. 3(1) and (2) Wet Conflictenrecht Onrechtmatige Daad (see the first instance ruling at [4.10]). In the introduction we mentioned the English Supreme Court ruling in Okpaby v Shell [2021] UKSC 3 of February 2021.

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Litigation Litigating Laws Court 52

SCOTUSBlog

AUGUST 10, 2023

Share The Supreme Court on Thursday put a bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin, on hold while it reviews a challenge to the legality of the plan, which would shield the Sackler family, the owners of the drug company, from lawsuits. There were no recorded dissents.

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Government Personal Injury Court Tort 97

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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Cause of Action Court Tort Civil Law 40

JonathanTurley

MAY 3, 2021

At the time, I wrote that if someone sued over the resulting mayhem, Durkan and Seattle could find themselves clinging to the very legal doctrine they denounced in police brutality cases: immunity. Donnitta Sinclair lost her son, Horace Lorenzo Anderson, across from Cal Anderson Park, which was a focus of the mob’s “re-imagining” government.

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Patently O

FEBRUARY 22, 2023

ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 124

Conflict of Laws

AUGUST 30, 2021

It is preferable to develop a classical conflict of laws rule with connecting factors, which mirror the assessments of the substantive law. It is shown that a mere reinterpretation of the existing Article 5 Rome II Regulation might lead to legal insecurity, and that an addition of the provision is preferable.

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Contract Tort Court Litigation 52

Conflict of Laws

MARCH 19, 2021

It provides an overview of newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort.

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Divorce Contract Tort Court 52

JonathanTurley

OCTOBER 31, 2023

The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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SCOTUSBlog

NOVEMBER 22, 2023

Under federal immigration law, the federal government can cancel the deportation of a non-permanent resident – that is, a non-U.S. Federal law also generally prohibits federal courts from reviewing decisions about whether to cancel deportation, except for “questions of law.” Tori Madden) In Wilkinson v. Garland , on Nov. taxpayers.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v.

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Court Government Statute Tort 40

JonathanTurley

MARCH 5, 2023

After a public outcry forced the Biden Administration to kill its infamous Disinformation Government Board, Jankowicz became famous or infamous as the head of the board. This video is strictly legal, not musical. People are allowed to view her “Disinformation Governance Board” as. Nina Jankowicz is back.

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Tort Government Real Estate Legal 40

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. In fairness to Nunes’ legal team, there was a good-faith argument that New York or Virginia law should apply rather than California’s law. The source was Lev Parnas, a dubious character and long-time associate of Rudy Giuliani.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The court also rejected EPA’s contention that the major questions doctrine applied because the Clean Power Plan regulated the electric grid and not air pollution. Circuit also rejected two arguments by coal companies against the ACE Rule. Colorado Court Ruled on Venue for Colorado Local Governments’ Climate Change Claims.

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Court Reporting Court Construction Government 55

ClimateChange-ClimateLaw

JUNE 8, 2021

DECISIONS AND SETTLEMENTS Supreme Court Sent Other Climate Cases Back to Lower Appellate Courts for Review of Other Grounds for Removal. The Court vacated the judgments in the three cases and remanded them for further consideration in light of its decision in BP p.l.c. Connecticut v. Exxon Mobil Corp. , 3:20-cv-01555 (D.

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Court Statute Government Litigation 42

SCOTUSBlog

JUNE 28, 2021

Grimm , leaves in place a lower-court ruling that found that a Virginia school district violated federal law when it barred students from using the restrooms that align with their gender identities. In 2012, the federal government began proceedings to deport Patel and his family. Transgender students and school bathrooms.

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Immigration Court Government Education 99

JonathanTurley

DECEMBER 9, 2020

The lawsuit strikes me as meritless under governing tort doctrines. Torts cases of defamation often turn common understanding of such expression as jokes or opinion. The lawsuit not only contradicts governing case law but threatens constitutional protections for free speech and the free press in seeking such tort relief.

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JonathanTurley

MAY 23, 2021

.” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. However, there has been little pushback from a host of lawyers who have spent months calling for sanctions against Republican lawyers for filing lawsuits viewed legally or factually meritless.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. Williams , No. C076888 (Cal.

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Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. The court addressed three narrow issues that remained in one or more of the cases.

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JonathanTurley

OCTOBER 4, 2022

Former President Donald Trump is suing CNN in a $475 million defamation lawsuit, according to a complaint filed in federal court in the Southern District of Florida on Monday. The lawsuit faces significant challenges under the governing precedent for public figures. million (later reduced to $460,000) to Butts in damages.

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Court Court Rules Tort Lawyer 34

JonathanTurley

DECEMBER 27, 2020

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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Laws Tort Law School Court 42

JonathanTurley

MAY 12, 2022

The claim that such protests are acts of intimidation has been before the courts since the 19th century. 92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Just because something is legal does not make it right.

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