Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury).

Manufacturing 65

Manufacturing Court Statute Laws 65

ClimateChange-ClimateLaw

MARCH 21, 2022

Based on the unchallenged scientific evidence brought by the plaintiffs, the Court recognized that the approval of the extension project would risk future injury to the children from climate hazards brought by global warming. The Minister subsequently appealed the decision. The Full Federal Court heard the appeal in October 2021.

Litigation 40

Litigation Litigating Court Personal Injury 40

Paralegal Bootcamp

JULY 24, 2023

A perfect example might be to compare the interpersonal skills required of a litigation paralegal working in family law or personal injury compared with someone who works in commercial or construction litigation. Criminal law, family law, corporate law – each comes with unique demands and rewards.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

Conflict of Laws

SEPTEMBER 14, 2023

Article 6, on the other hand, says that a foreign state shall not be deemed to have consented to jurisdiction by appearing in Chinese court to assert immunity, by having its representatives testify, or by choosing Chinese law to govern a particular matter. These provisions track Articles 7-9 of the U.N. Convention. This makes sense.

Drafting 47

Drafting Court Laws Government 47

SCOTUSBlog

AUGUST 10, 2023

Court of Appeals for the 2nd Circuit confirming the plan were allowed to stand, it “would leave in place a roadmap for wealthy corporations and individuals to misuse the bankruptcy system to avoid mass tort liability.” Trustee speaks on behalf of Personal Injury Victims could not be further from the truth.” Representing the U.S.

Government 97

Government Personal Injury Court Tort 97

SCOTUSBlog

OCTOBER 11, 2023

The case involves an insurance company’s attempt to block its insured’s Chapter 11 reorganization plan, which establishes a trust for certain current and future asbestos personal-injury liabilities. But the plan treats holders of insured and uninsured asbestos personal-injury claims differently. Two days earlier, the U.S.

Laws 84

Laws Court Personal Injury Tort 84

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 45

Tort Personal Injury Construction Government 45

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 43

Tort Lawyer Lawyers Personal Injury Lawyer 43

Conflict of Laws

JANUARY 4, 2021

They allow the enforcement of foreign default judgments based only on the defendant’s temporary presence in the foreign jurisdiction at the time of service, while treating as irrelevant much more substantial factors such as the place of performance of a contractual obligation or place of commission of a tort (even in personal injury cases).

Laws 91

Laws Legal Legal Contract 91

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 46

Tort Litigation Litigating Manufacturing 46

Conflict of Laws

JANUARY 28, 2021

Cross border relations is bound to generate non-contractual disputes such as personal injury cases. Rome II Regulation [1] governs matters of non-contractual obligations. Article 4 of Rome II applies to general torts/delicts such as personal injury cases. Introduction.

Personal Injury 98

Personal Injury Tort Contract Government 98

Conflict of Laws

APRIL 12, 2023

Indeed, Article 21 of the law provides that when a treaty to which China is a party differs from the law, the terms of the treaty shall govern. China was sued in federal court for nonpayment of bonds issued by the Imperial Government of China in 1911, did not appear to defend, and suffered a default judgment.

Drafting 52

Drafting Laws Tort Government 52

ClimateChange-ClimateLaw

JUNE 8, 2021

In three other cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. DECISIONS AND SETTLEMENTS Supreme Court Sent Other Climate Cases Back to Lower Appellate Courts for Review of Other Grounds for Removal.

Court 42

Court Statute Government Litigation 42