Court, Diligence, Litigation and Tort

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

ClimateChange-ClimateLaw

MAY 30, 2024

Violating obligations under the Treaty can result in victims claiming remedies before national courts, including the right to ecological restoration and environmental remediation. Ecological restoration and environmental remediation are some responses to climate change, and thereby this Treaty is likely to impact future climate litigation.

Drafting

Drafting Litigation Litigating Diligence

Litigation Moneyball: Data Mining Litigators

The Cloud Court Blog

AUGUST 19, 2022

That enterprise, of course, is litigation. There exists an interesting body of literature that addresses how litigants leverage “asymmetric access to information” ( i.e., salient data to which only one party has access) to achieve better results for their clients. [i] Until then: litigate like you mean it. [i] But not always.

Litigation

Litigation Litigating Attorney Diligence

Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

APRIL 8, 2022

The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about? 179/2019 ).

Litigation

Litigation Litigating Government Legal

New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

OCTOBER 25, 2023

Wenliang Zhang, Guangjian Tu: Recent Efforts in China’s Ambition to Become a Centre for International Commercial Litigation, 497–531, DOI: 10.1628/rabelsz-2023-0064 The last decade or so has witnessed intensifying efforts by China to reshape its legal framework for international commercial litigation.

Diligence

Diligence Litigation Litigating Legal

Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

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. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation

Litigation Litigating Laws Court

Tort Litigation against Transnational Companies in England

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

Tort Litigation Litigating Legal

Conflict of Laws - Untitled Article

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. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

Drafting

Drafting Diligence Procedural Law Court

BNP Paribas sued in France for financing fossil fuel companies

Conflict of Laws

APRIL 12, 2023

In case the company does not comply with its vigilance obligations, a court can issue a formal notice, ordering the company to comply with la Loi de Vigilance. If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. of the decision).

Finance

Finance Diligence Laws Court

Launching Today: Clarra, A Cloud Case Management Platform Designed for Docket-Driven Litigation Firms

LawSites

OCTOBER 3, 2023

When San Francisco lawyer Todd Schneider’s litigation firm, Schneider Wallace , became frustrated with its options for case management software — finding existing products to be antiquated, inflexible, and better suited to transactional practices — the firm decided to build its own.

Case Management

Case Management Litigation Litigating Calendaring

Holding protest organizers liable for injuries

SCOTUSBlog

FEBRUARY 23, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court took care of a lot of relist business at its last conference, denying review in four serially relisted cases, in each instance with separate writings from the justices. The court denied Trevino v.

Tort

Tort Court Diligence Laws

Álvarez-Armas on potential human-rights-related amendments to the Rome II Regulation (II): The proposed Art. 6a; Art. 7 is dead, long live Article 7?

Conflict of Laws

JANUARY 27, 2021

While in the UN proposal the victim is allowed to “ request” that a given law governs “ all matters of substance regarding human rights law relevant to claims before the competent court” , in the EP´s proposal the choice of the applicable law unequivocally and explicitly belongs to the victim (the “ person seeking compensation for damage” ).

Tort

Tort Drafting Legal Legal

The Curious Ethical Case of Kevin Morris

JonathanTurley

JANUARY 26, 2024

The third provision refers to advancing the costs of the litigation to the extent that they are contingent on “the outcome of the matter.” The rule was changed around six years ago to remove barriers for clients who could not afford to face litigation. I — you know, but I did diligence on the assets.

Lawyer

Lawyer Lawyers Litigation Litigating

July 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

JULY 2, 2021

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. Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. and non-U.S. FEATURED CASE.

Court

Court Statute Litigation Litigating

Second Circuit Refutes Allegations Involving Law Clerk in Mediaite, Above the Law, and Other Publications

JonathanTurley

JANUARY 19, 2022

chief judge of the United States Court of Appeals for the Eleventh Circuit. Pryor was on the short list for the Supreme Court under President Donald Trump. Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. Reader’s Digest Association , 443 U.S.

Laws

Laws Tort Court Diligence

April 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

APRIL 9, 2021

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. and Minnesota Federal Courts Remanded Climate Cases Against Fossil Fuel Industry. By Margaret Barry and Korey Silverman-Koati.

Court

Court Statute Litigation Litigating

Paralegal Brief

UN Draft Treaty on Transnational Business Enterprises and Human Rights in the Making: Raising the Global Bar in Corporate Litigation

Litigation Moneyball: Data Mining Litigators

Trending Sources

Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

New issue alert: RabelsZ 87 (2023), Issue 3

Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Tort Litigation against Transnational Companies in England

Conflict of Laws - Untitled Article

BNP Paribas sued in France for financing fossil fuel companies

Launching Today: Clarra, A Cloud Case Management Platform Designed for Docket-Driven Litigation Firms

Holding protest organizers liable for injuries

Álvarez-Armas on potential human-rights-related amendments to the Rome II Regulation (II): The proposed Art. 6a; Art. 7 is dead, long live Article 7?

The Curious Ethical Case of Kevin Morris

July 2021 Updates to the Climate Case Charts

Second Circuit Refutes Allegations Involving Law Clerk in Mediaite, Above the Law, and Other Publications

April 2021 Updates to the Climate Case Charts

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