Conflict of Laws

AUGUST 9, 2021

Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law. This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’ Tort conflicts rules in China and the EU.

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Tort Litigation Litigating Laws 52

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.

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Litigation Litigating Tort Court 52

Conflict of Laws

APRIL 21, 2022

The topic is International Tort Litigation in the Internet and Artificial Intelligence Era: An EU Approach. 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.

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Tort Litigation Litigating Law School 40

CaseFleet

JANUARY 25, 2024

Suzanne Clark is a pioneer in the discovery of electronically stored information (ESI), currently serving as Discovery Counsel for Beasley Allen 's Mass Torts Section.

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ESI eDiscovery Litigation Litigating 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.

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Litigation Litigating Tort Divorce 59

LegalReader

FEBRUARY 3, 2021

The truth is mass torts and class action lawsuits actually have quite a bit in common.

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JURIST

JANUARY 31, 2023

The US Court of Appeals for the Third Circuit Monday ruled against Johnson and Johnson’s (J&J) attempt to resolve its multi-billion dollar litigation over claims that its talcum-based powders were carcinogenic. The company then bestows its assets on one and its tort liability on the other.

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Tort Litigation Litigating Court 197

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.

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Litigation Litigating Construction Tort 142

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.

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Litigation Litigating Attorney Diligence 52

LegalReader

OCTOBER 27, 2021

There are obvious and nuanced differences between intentional torts and negligence. A seasoned attorney will help you understand the different standards.

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Tort Personal Injury Attorney Litigation 52

Mondaq

NOVEMBER 1, 2021

Under what circumstances will an insurer be required to defend a claim involving an intentional tort framed as negligence? This question often arises in cases where personal injury litigants.

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Tort Personal Injury Litigation Litigating 40

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.

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Tort Cause of Action Court Litigation 52

ABA Journal

JANUARY 25, 2022

Lawyers defending companies involved in mass tort litigation on Friday supported federal rule changes they believe will help prevent the introduction of “junk” scientific testimony…

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Lawyer Lawyers Tort Litigation 97

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?

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Litigation Litigating Government Legal 95

Conflict of Laws

FEBRUARY 3, 2024

It focuses on those instruments and developments that are most significant in commercial litigation. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores.

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Laws Tort Litigation Litigating 67

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

JonathanTurley

AUGUST 8, 2023

The college then prolonged the litigation, virtually forcing the family into insolvency. Oberlin President Carmen Twillie Ambar and the Board needlessly spent millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. A judge later reduced the award to $25 million.

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Litigation Litigating Punitive Damages Tort 41

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. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

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Tort Punitive Damages Personal Injury Compensatory Damages 38

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.

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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.,

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Tort Litigation Litigating Depositions 52

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. The plaintiffs, residents of Ontario, were injured on a gondola ride in Venice, Italy.

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Tort Court Contract Litigation 57

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). In Glacier Northwest v.

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Laws Court Tort Litigation 211

LegalReader

AUGUST 30, 2021

The key difference between full tort/at-fault policies and choosing a no-fault/limited tort insurance policy is whether the victim has a right to sue.

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Tort Litigation Litigating 94

Conflict of Laws

APRIL 7, 2023

Asser Institute for International & European Law, The Hague Mexico’s ongoing transnational litigation against the firearms industry in U.S. courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. On appeal in the U.S. and in respect to U.S.

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Tort Laws Manufacturing Court 52

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.

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Personal Injury Tort Cause of Action Litigation 59

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.

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Litigation Litigating Finance Tort 97

SCOTUSBlog

NOVEMBER 20, 2023

Abbott , in which the chemical company had asked them to decide whether a multidistrict litigation can be bound by the results of “bellwether” trials, which are conducted as test cases to give both sides a better idea of how they might fare and to shape a potential settlement. du Pont de Nemours v.

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Litigation Litigating Tort Statute 97

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 110

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.

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Litigation Litigating Laws Tort 52

Day on Torts

APRIL 21, 2022

Deeming [plaintiff] a foreseeable RIED plaintiff under these circumstances would expand the universe of potential plaintiffs in such cases far beyond the appropriate scope of the tort. This case is an important read for anyone litigating an emotional distress claim based on an injury to a third person. internal citations omitted).

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Tort Court Cause of Action Education 52

JonathanTurley

DECEMBER 29, 2022

That was the case with the litigation over the false claims made against former Rep. .” Truth is always a defense to defamation since a published fact must be false as well as harmful. In many of these high-profile cases, counsel attempts to portray the representations as opinion. Gary Condit by the late Dominick Dunne.

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Conflict of Laws

FEBRUARY 19, 2024

Edoardo Benvenuti , Research Fellow at the University of Milan, Climate change litigation e diritto internazionale privato dell’Unione europea: quale spazio per la tutela collettiva? Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?;

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Healthcare Litigation Litigating Tort 67

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. I use a pre-litigation checklist for new legal assistants in our personal injury practice. In that moment it occurred to me I had gravely miscalculated my training and mentoring methods.

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LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

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Legal Legal Litigation Litigating 81

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.

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Tort Statute Court Litigation 59

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

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eDiscovery Depositions Litigation Litigating 52

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).

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