SCOTUSBlog

JANUARY 9, 2022

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.

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Tort Statute Government Court Decisions 81

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Most important, though, are two relatively recent decisions enforcing maritime forum-selection clauses, The Bremen v.

Contract 87

Contract Laws Statute Litigation 87

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Court Tort Litigation Litigating 115

Conflict of Laws

JUNE 7, 2022

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

Tort Litigation Litigating Laws 75

SCOTUSBlog

JANUARY 10, 2023

Share In Re Grand Jury asks how courts should assess attorney-client privilege when a client seeks partly legal and partly nonlegal advice from a lawyer and the two parts cannot be disentangled. In his reply brief and in court, Levin said the test should instead ask if legal advice was a client’s bona fide purpose.

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Attorney Lawyer Lawyers Legal 94

Conflict of Laws

JANUARY 30, 2024

It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. The study examines European court decisions, domestic legislation, and international projects aimed at stabilizing the legal status of such children.

Laws 57

Laws Divorce Legal Legal 57

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. 2021 Federal Court Decision .

Litigation 40

Litigation Litigating Court Personal Injury 40

Conflict of Laws

FEBRUARY 27, 2022

He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. PA, with a case comment by Judge Ms. Mouttotos , University of Bremen, and Dr. N.

Procedural Law 52

Procedural Law Law School Tort Contract 52

SCOTUSBlog

SEPTEMBER 17, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain.

Immigration 81

Immigration Statute Government Tort 81

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. As the reader, one thing I found striking about Indonesian practice is that a choice of foreign law alone can oust the jurisdiction of the Indonesian courts.

Contract 52

Contract Laws Civil Law Procedural Law 52

Conflict of Laws

JUNE 2, 2022

Lex&Forum expresses its warmest thanks to the President of the Courts of First-Instance of Piraeus Council Judge Mr. Vassilios Tzelepis and the President of the Piraeus Bar Association Mr. Elias Klappas , as well as to all the rapporteurs for their honorable contributions. Vathrakokilis.

Tort 40

Tort Court Procedural Law Laws 40

Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. Article 3 says: “Foreign states and their property enjoy immunity from the jurisdiction of PRC courts, except as otherwise provided by this Law.”

Drafting 48

Drafting Court Laws Government 48

Conflict of Laws

APRIL 26, 2021

First, in describing the rules that will now be applied by UK courts to situations connected to the remaining EU Member States. Thirdly, by considering the impact on the UK’s and the EU’s relationships with third countries, with particular reference to the 2007 Lugano Convention and Hague Choice of Court Convention. 20 EGBGB.

Contract 52

Contract Legal Legal Procedural Law 52

Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The decision also deals with questions of German procedural law. The long-awaited U.S.

Contract 52

Contract Procedural Law Court Laws 52

Paralegal Bootcamp

JULY 24, 2023

Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on. You will not be working a 9-to-5 job Litigation often involves tight deadlines and urgent tasks that are dictated by court orders.

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Paralegal Paralegals Litigation Litigating 130

Conflict of Laws

SEPTEMBER 1, 2022

Courts are struggling with the right approach to the relevant rules. Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. Those obligations remain contractual even if they entitle a third party.

Contract 10

Contract Tort Procedural Law Court 10

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

Cause of Action 52

Cause of Action Court Tort Immigration 52

Conflict of Laws

JUNE 7, 2022

Surprisingly, the Court localises the damage resulting from misinformation on the secondary financial markets at a single place, that where the financial instruments in question were listed. This article assesses these decisions and their significance for transnational corporate accountability.

Laws 40

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). DECISIONS AND SETTLEMENTS. Climate Litigation Chart (Update #92): FEATURED CASE.

Litigation 40

Litigation Litigating Attorney Court 40

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. Hiding in plain sight a Supreme Court case involving a federal child porn law… Stop sexualizing kids to sell your ugly overpriced crap.

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Court Depose Court Decisions Cause of Action 39

SCOTUSBlog

DECEMBER 3, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, challenges to President Donald Trump’s 50% tariff on Turkish steel, the University of North Carolina’s use of race in admissions, and Maine’s COVID-19 vaccine mandate for health care workers. Trade and national security. Affirmative action.

Healthcare 92

Healthcare Tort Education Court 92

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. Arabella case [which the court has now thankfully moved away from]. [8]

Laws 52

Laws Stare Decisis Legal Legal 52

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Fourth Circuit Declined to Stay Remand Order in Baltimore’s Climate Case Against Fossil Fuel Companies; Companies Sought Stay from Supreme Court. Supreme Court. On October 2, the district court granted the companies’ motion to temporarily extend its stay of the remand order until the Supreme Court resolves the application.

Court 40

Court Government Statute Tort 40

ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

Court 45

Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 23, 2021

The decision has already started to populate briefings in other climate cases brought by state and local governments against fossil fuel companies, and it will undoubtedly occupy a good deal of debate as those cases progress, both in the current stage of removal-remand battles and in the motions to dismiss that will follow.

Statute 98

Statute Laws Court Court Decisions 98

ClimateChange-ClimateLaw

APRIL 9, 2021

The Second Circuit Court of Appeals affirmed the dismissal of New York City’s lawsuit seeking climate change damages from oil companies. The Second Circuit’s decision largely followed the reasoning of the district court’s 2018 decision. DECISIONS AND SETTLEMENTS. Creative Commons, NYC Manhattan Skyline.

Court 115

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.

Laws 43

Laws Tort Law School Court 43