Conflict of Laws

APRIL 21, 2022

The Aberdeen Centre for Private International Law invites you to a research seminar organised under the auspices of the Aberdeen Law School Research Seminar Series. The topic is International Tort Litigation in the Internet and Artificial Intelligence Era: An EU Approach.

Tort 40

Tort Litigation Litigating Law School 40

LPB Network

JUNE 23, 2021

Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. Howard reviews two recent articles by Katherine Mims Crocker, Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity, 73 Fla.

Litigation 52

Litigation Litigating Tort Court 52

Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

Litigation 59

Litigation Litigating Tort Divorce 59

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal. Civil law cases.

Litigation 142

Litigation Litigating Construction Tort 142

Conflict of Laws

APRIL 7, 2023

León Castellanos-Jankiewicz Researcher, International Law T.M.C. Asser Institute for International & European Law, The Hague Mexico’s ongoing transnational litigation against the firearms industry in U.S. legislation—not Mexican laws. and in respect to U.S.

Tort 52

Tort Laws Manufacturing Court 52

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? Background. PD 6B, para. Three main reasons were given.

Tort 52

Tort Cause of Action Court Litigation 52

Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Jeff argued for the laws at the time of signing.

Laws 52

Laws Drafting Litigation Litigating 52

JURIST

NOVEMBER 10, 2022

Here the question is one of tort law–the court must consider whether the National Labor Relations Act (NLRA) preempts state law. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court. On January 10, the court will hear arguments in Glacier Northwest, Inc.

Court 190

Court Tort Immigration Attorney 190

ClimateChange-ClimateLaw

APRIL 8, 2022

On February 8, 2022, the Chamber of Deputies of the Italian Republic gave its final approval to the proposed constitutional law A.C.3156-B The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. By Riccardo Luporini, Matteo Fermeglia, and Maria Antonia Tigre.

Litigation 96

Litigation Litigating Government Legal 96

LPB Network

JULY 27, 2021

Duke’s Law & Contemporary Problems has published an issue in honor of Francis McGovern, Innovations in Complex Litigation and Settlement. Here are the details and links to the symposium contributions: Special Editors: Lynn A. Baker, Elizabeth Cabraser, & Robert Klonoff.

Litigation 52

Litigation Litigating Laws Tort 52

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. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 87

Contract Laws Statute Litigation 87

JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. Several of the companies have declined to comment on the pending litigation.

Tort 239

Tort Statute Legal Legal 239

Conflict of Laws

JANUARY 21, 2024

The case has factual similarities to the Brownlie litigation in England. They are suing in tort in Ontario. Common law Canada considers that a contract made in the forum that is connected to a tort that happens elsewhere is a PCF to the forum. Three Italian corporations challenged the Ontario court’s jurisdiction.

Tort 57

Tort Court Contract Litigation 57

Conflict of Laws

FEBRUARY 19, 2024

It is to be hoped that the European Union will become aware of the need to provide ad hoc rules on the liability of healthcare personnel who engage in activities that are intrinsically hazardous to patients’ health: if not substantive rules or guidelines, at least rules on jurisdictional competence and applicable law.

Healthcare 67

Healthcare Litigation Litigating Tort 67

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

Litigation 97

Litigation Litigating Finance Tort 97

Conflict of Laws

JANUARY 30, 2024

The Japanese Yearbook of Private International Law ( kokusai shiho nenpo ) (hereinafter “JYPIL”) is an annual publication of the Private International Law Association of Japan ( kokusai shih? ’ Proposing a name change to conflicts law studies, the author emphasizes the need for a broader approach.

Laws 57

Laws Divorce Legal Legal 57

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. Decedent himself ultimately accepted a settlement in lieu of further litigation.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S.,

Tort 52

Tort Litigation Litigating Depositions 52

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 52

Litigation Litigating Laws Court 52

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. Many new lawyers find that it’s one thing to acquire a law degree, but another to practice law. Many new lawyers find that it’s one thing to acquire a law degree, but another to practice law.

Legal Assistant 265

Legal Assistant Legal Assistance Legal Legal 265

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. (b) What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

Tort 39

Tort Punitive Damages Personal Injury Compensatory Damages 39

SCOTUSBlog

APRIL 4, 2022

This constitutional claim is analogous to the tort of malicious prosecution, as the gravamen of both is initiation of criminal charges without probable cause. The elements of the constitutional claim match those of the tort. The final element serves multiple purposes. This approach furthers Fourth Amendment purposes and values.

Tort 113

Tort Court Litigation Litigating 113

Conflict of Laws

SEPTEMBER 21, 2023

Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Jurisdiction 2.1

Procedural Law 57

Procedural Law Laws Litigation Litigating 57

Conflict of Laws

JANUARY 14, 2021

Geert van Calster has just published the third edition of the book titled “European Private International Law: Commercial Litigation in the EU” with Hart. The blurb reads as follows: This classic textbook provides a thorough overview of European private international law.

Laws 52

Laws Tort Contract Litigation 52

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

Contract 70

Contract Laws Court Statute 70

Day on Torts

NOVEMBER 17, 2022

10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. In Barrios v. Simpkins , No.

Tort 59

Tort Statute Court Litigation 59

JonathanTurley

DECEMBER 29, 2022

That was the case with the litigation over the false claims made against former Rep. Moreover, what constitutes an opinion as opposed to a factual claim is generally left to a jury: “some statements are ambiguous and cannot be characterized as factual or nonfactual as a matter of law. ‘In Gary Condit by the late Dominick Dunne.

Tort 36

Tort Litigation Litigating Laws 36

The Cloud Court Blog

MARCH 6, 2023

Gibson, our testimony intelligence solution , is an intuitive complement to the litigation process. Mutual clients will enjoy deeper insights into witness testimony, greater continuity throughout the litigation process, and cost savings in large scale matters. Press release

eDiscovery 52

eDiscovery Depositions Litigation Litigating 52

The Crime Report

FEBRUARY 2, 2022

The money, o verseen by a panel of tribal health experts, would go toward programs that aid drug users and communities already overwhelmed by severe financial burdens for the health care, social services, child welfare and law enforcement resources expended during the opioid crisis. About 15 percent of funds will go toward attorneys’ fees.

Litigation 97

Litigation Litigating Tort Attorney 97

LegalReader

DECEMBER 3, 2021

Depending on your state, wrongful death cases generally follow state tort law.

Tort 105

Tort Legal Legal Laws 105

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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.

Tort 75

Tort Litigation Litigating Legal 75

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Conflict of Laws

OCTOBER 25, 2023

It contans the following articles: Horatia Muir Watt: Alterity in the Conflict of Laws. Importantly, law encodes the conditions that produce these dual somatic symptoms in our contemporary societies. One element of territorial sovereignty is the right to legislate in the field of private law.

Diligence 57

Diligence Litigation Litigating Legal 57

Day on Torts

JULY 26, 2022

The Court quickly pointed out, however, that this case was not controlling law in Tennessee and that it was factually distinguishable from the case at hand. This case is an important read for anyone litigating a tort case involving a matter of public concern. This is new law in Tennessee.

Tort 59

Tort Court Attorney Statute 59

Paralegal Bootcamp

APRIL 15, 2022

Floating means you aren’t intentional, and you stumble into an area of law, a type of law firm, or a specific position in a firm that may not be the best fit. If you are new, you may not understand the pros and cons of working for a solo practitioner or smaller firm versus a large (or gargantuan) law practice.

Paralegal 246

Paralegal Paralegals Legal Assistant Legal Assistance 246

MyCase

AUGUST 22, 2022

But there are several ways to practice law. A boutique law firm’s case management process provides a different experience for lawyers and clients. . In this article, we’ll uncover what you need to know about boutique firms, such as: What is a boutique law firm and what is biglaw? Tips for running a boutique law firm.

Law Firm 52

Law Firm Law Firms Laws Lawyer 52