Conflict of Laws

SEPTEMBER 14, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here ). In 2005, China signed the U.N.

Drafting 48

Drafting Court Laws Government 48

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. The Minister subsequently appealed the decision.

Litigation 40

Litigation Litigating Court Personal Injury 40

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

Tort 35

Tort Litigation Litigating Manufacturing 35

SCOTUSBlog

OCTOBER 11, 2023

The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act. Nelson ,…517 U.S. Yes, the statute really does have a full cite to the opinion in it.

Laws 87

Laws Court Personal Injury Tort 87

Conflict of Laws

JANUARY 4, 2021

Written by Andrew Dickinson (Fellow, St Catherine’s College and Professor of Law, University of Oxford). With no signal that the EU-27 will support the UK’s swift readmission to the latter, a new era for private international law in England and Wales, Scotland and Northern Ireland beckons.

Laws 91

Laws Legal Legal Contract 91

JonathanTurley

MARCH 30, 2021

Now Major has bitten another person who reportedly required medical attention. In the prior column , I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. However, the city has laws that impose liability for allowed dogs to run free before an injury.

Tort 41

Tort Personal Injury Construction Government 41

Conflict of Laws

APRIL 12, 2023

Ayer Chair in Business Law and Martin Luther King Jr. Professor of Law at UC Davis School of Law. Russia joined the restrictive immunity camp in 2016 when its law on the jurisdictional immunity of foreign states went into effect. If adopted, this law would move China to into the restrictive immunity camp as well.

Drafting 52

Drafting Laws Tort Government 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.

Tort 40

Tort Lawyer Lawyers Personal Injury Lawyer 40

Conflict of Laws

JANUARY 28, 2021

Cross border relations is bound to generate non-contractual disputes such as personal injury cases. In such situations, the law that applies is very important in determining the rights and obligations of the parties. Rome II Regulation [1] governs matters of non-contractual obligations.

Personal Injury 98

Personal Injury Tort Contract Government 98

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

Tort 42

Tort Litigation Litigating Manufacturing 42

ClimateChange-ClimateLaw

JUNE 8, 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. First, the court found that Exxon failed to show that federal common law justified removal, even if it might provide a defense. and non-U.S.

Court 42

Court Statute Government Litigation 42