Law 360

FEBRUARY 28, 2022

While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law (..)

Tort 75

Tort Law School Litigation Litigating 75

JURIST

JUNE 1, 2023

The US Supreme Court held Thursday that a local union must litigate a property damage dispute in state court, as opposed to appearing before the National Labor Relations Board (NLRB). The post US Supreme Court finds federal labor law does not automatically preempt state law claims appeared first on JURIST - News.

Laws 211

Laws Court Tort Litigation 211

Conflict of Laws

FEBRUARY 3, 2024

The fourth edition of Geert van Calster’s (KU Leuven) European Private International Law has just been published by Hart/Bloomsbury. It focuses on those instruments and developments that are most significant in commercial litigation.

Laws 67

Laws Tort Litigation Litigating 67

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

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. Here is the column: With the arrival of Halloween, little children and litigators will again celebrate their favorite holiday. follow the rules.”She

Tort 42

Tort Lawyer Lawyers Personal Injury Lawyer 42

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

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 36

Tort Litigation Litigating Manufacturing 36

LawTechnologyToday

MARCH 19, 2021

In litigation (and life), being organized often leads to better outcomes. The path to becoming organized, specifically in litigation, can present significant challenges. When it comes to litigation needs, a case management system will enhance client service when properly used. Capturing the Data. Analysis and Reporting.

Technology 120

Technology Litigation Litigating Case Management 120

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

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. The next scary moment is likely to be in the form of a torts complaint.

Tort 37

Tort Litigation Litigating Manufacturing 37

JonathanTurley

AUGUST 23, 2023

Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an assault on the certification of the presidential election. Baldwin, however, took the issue public and seemed to taunt Roice that he would make her infamous: “I don’t think so. I reposted your photo.

Tort 36

Tort Litigation Litigating Court 36

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

FEBRUARY 29, 2024

The thirty-seventh annual survey on choice of law in the American courts is now available on SSRN. Choice of Law The Eighth Circuit applied Mexican law to a suit against General Motors over a car crash in Mexico, while an Ohio state court applied South African law to invalidate a marriage. In Bartlett v.

Laws 73

Laws Court Divorce Tort 73

Conflict of Laws

JANUARY 21, 2021

From the publisher’ site : About Climate Change Litigation. This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). Table Of Contents.

Litigation 52

Litigation Litigating Tort Civil Law 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.

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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 88

Contract Laws Statute Litigation 88

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

SCOTUSBlog

JANUARY 6, 2023

That is why the Supreme Court’s decision to review a basic feature of how the law may or may not interfere in work stoppages is noteworthy. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute covered by a federal law, the National Labor Relations Act.

Tort 138

Tort Government Court Litigation 138

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

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.

Tort 33

Tort Statute Court Criminal Law 33

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 38

Tort Punitive Damages Personal Injury Compensatory Damages 38

LawTechnologyToday

FEBRUARY 28, 2023

Our Panelist: Karina Perez Ilić (KPI) [link] Silvia Amador Brett (SAB) [link] Annabelle Bichler (AB) [link] Jenna Sutter (JS) [link] Brian Mickelsen (BM) is a founding partner of Mickelsen Dalton and a dynamic trial lawyer who has litigated in 12 states. You can learn more on The Entrekin Law Firm’s personal injury page.

Law School 98

Law School Laws Personal Injury Education 98

Conflict of Laws

MAY 12, 2022

. > By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If people want less free speech, they will ask government to pass laws to that effect. Therefore, going beyond the law is contrary to the will of the people. Twitter and the conflict of laws.

Laws 98

Laws Statute Litigation Litigating 98

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.

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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