SCOTUSBlog

OCTOBER 6, 2023

For the readers who decided to continue past my opening paragraph, Great Lakes Insurance falls within the admiralty power of the federal courts, which authorizes the federal judiciary to articulate a federal common law for maritime contracts. So exactly why would that question ever matter?

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At the Lectern

FEBRUARY 2, 2024

At Wednesday’s Supreme Court’s conference , there was a straight grant , the first since December 20. The court granted a pro per’s petition for review in Escamilla v. The court granted a pro per’s petition for review in Escamilla v. Superior Court (Rawlins). Statute of limitations.

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Statute Attorney Court Litigation 45

Patently O

MARCH 15, 2022

But, the two parties had a prior agreement to litigate patent disputes in Delaware courts (i.e., The Delaware court (Judge Stark) sided denied preliminary relief and instead sided with the patent challenger – finding (1) evidence of breach was lacking and (2) the real irreparable harm would come from barring the IPR.

Contract 78

Contract Court Laws Litigation 78

Conflict of Laws

OCTOBER 28, 2021

One Afghanistan-based company sues another in commercial court in Afghanistan. The Afghanistan Supreme Court reverses. This case is noteworthy for a number of reasons. It offers insights into best drafting practices for choice-of-court clauses. courts decide whether these clauses should be enforced.

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Contract Court Drafting Statute 52

Conflict of Laws

JANUARY 23, 2023

She is currently an Associate to a Judge at the Supreme Court of Victoria. In two recent English cases, the High Court has granted injunctive relief to restrain European proceedings in breach of English forum selection clauses. Finally, it speculates as to the European response to this new English practice.

Contract 52

Contract Court Litigation Litigating 52

Conflict of Laws

APRIL 9, 2024

In the landmark case of TransAsia Private Capital vs Gaurav Dhawan , the Delhi High Court clarified that Indian Courts are not automatically required to determine and apply the governing law of a dispute unless the involved parties introduce expert evidence to that effect.

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Laws Court Contract Government 65

Constitutional Law Reporter

JANUARY 10, 2022

When the justices return to the bench in January, they are slated to hear a closely-watched First Amendment case involving religious freedom. The case, Shurtleff v. Facts of the Case. The First Circuit Court of Appeals affirmed the order of the district court granting summary judgment in favor of the City.

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Conflict of Laws

MAY 17, 2023

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

Court 52

Court Statute Lawyer Lawyers 52

Patently O

FEBRUARY 8, 2022

2022) , the court says “YES THEY ARE” (at least when an alternate forum is provided). Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. The district court denied motion for the preliminary relief.

Contract 60

Contract Court Manufacturing Litigation 60

Conflict of Laws

SEPTEMBER 21, 2023

Additionally, a new fall-back provision of “other appropriate connections” is included, granting Chinese courts greater flexibility over foreign-related cases. Article 276 stipulates that the Chinese court may have jurisdiction if the dispute is of other appropriate connections with China (Art. 276, para. 276, para.

Procedural Law 57

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SCOTUSBlog

JULY 22, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Court of Appeals for the 5th Circuit. In Dubin v.

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Healthcare Government Immigration Criminal Law 86

SCOTUSBlog

JANUARY 20, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight cert petitions that ask the court to consider, among other things, whether federal courts can review the rates TVA charges its clients for power. In Holbrook v.

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Statute Court Laws 95

At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. The court granted-and-held in In re Z.T. ” Forum selection clause.

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Government Court Contract Cause of Action 49

Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v. It is supposed to take place on May 23, 2023.

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Court Constitutional Law Laws Legal 40

ClimateChange-ClimateLaw

OCTOBER 5, 2022

Guest Commentary: The Role of Human Rights Institutions In Tackling Climate Change: A Case Study of the Philippines. Instead, in this case, the Commission decided to hear the petitioners’ case and conduct a massive inquiry into the role of 47 Carbon Majors in climate change. Introduction.

Litigation 78

Litigation Litigating Legal Legal 78

Conflict of Laws

FEBRUARY 1, 2021

Considering the growing importance of the seat of arbitration, which has seen the relevance of the theory of the anationality of arbitration decline in most cases, it is always necessary to assess the importance of the lex fori arbitri in determining the applicable substantive law. Some of the papers are in English, others in Dutch.

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Government Laws Court Litigation 52

SCOTUSBlog

MARCH 6, 2023

Share The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Based on that provision, the district court dismissed Raiders’ counterclaims that were based on Pennsylvania law.

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Laws Court Statute Government 110

Conflict of Laws

NOVEMBER 17, 2021

The appellate mechanism conducted by state courts; 2. Appealing mechanism before the court. Appealing mechanism before the court. 2) Albeit parties fail to opt out of such appeals, the court is still afforded with discretion on rejection of a leave to commence such appeal. [iii] Appellate Mechanism in England.

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Court Legal Legal Laws 40

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.

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Tort Litigation Litigating Laws 75

At the Lectern

DECEMBER 14, 2023

At its conference yesterday, a double one, the Supreme Court ruled on a robust 164 matters. Actions of note included: Forum selection. The court granted review in EpicentRx, Inc. Division One held “enforcement of the forum selection clauses. The Supreme Court denied review in Brooks.

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Misdemeanor Court Entertainment Felony 45

ALPS

JANUARY 27, 2021

It really allows us to delve into some issues a little bit deeper than we could probably do through CLEs or some other forums. Terry has been with the Indiana Judges and Lawyers Assistance Program (JLAP) since 2000 and became the Executive Director in 2002. I can’t believe we already have 10 episodes in the can, so to speak.

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Laws Lawyer Lawyers Law School 98

SCOTUSBlog

MARCH 24, 2023

Share It might be fairly said that in recent decades venue in criminal cases has not been the hottest topic on the court’s docket. The original Constitution provides in Article III that jury trials in criminal cases “shall be held in the State where the said Crimes shall have been committed.” Underlying Smith is a fish story.

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Government Court Laws Litigation 76

SCOTUSBlog

OCTOBER 8, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, a potential replacement for the now-dismissed Servotronics Inc. Rolls-Royce PLC case concerning subpoenas for international arbitrations, whether McGirt v. In March, the Supreme Court granted certiorari in Servotronics Inc.

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Laws Court Court Rules Felony 84

Conflict of Laws

APRIL 27, 2023

On 25 April 2023 the German Federal Ministry of Justice (Bundesministerium der Justiz – BMJ) has published a bill relating to the establishment of (international) commercial courts in Germany. Does this mean that foreign courts and international commercial arbitration tribunals will soon face serious competition from German courts?

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Court Drafting Litigation Litigating 40

Conflict of Laws

JANUARY 4, 2022

The recent Shell ruling by the District Court of The Hague raises the question whether Carbon Majors could also be sued outside the state of their corporate home and which law would be applicable to claims for damages or injunctive relief. 2 Brussels Ia Regulation and Art. 7 Rome II Regulation). 2 Brussels Ia Regulation and Art.

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Divorce Tort Contract Laws 52

SCOTUSBlog

OCTOBER 28, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Court of Appeals for the 9th Circuit sided with the Garniers. The court held that the pages are a public forum in which the Garniers have a First Amendment right to participate. Pulsifer v.

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Government Court 88

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 Yegiazaryan v. In Abitron Austria GmbH v.

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Laws Court Divorce Tort 72

SCOTUSBlog

OCTOBER 7, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. In a concurring opinion, Chief Justice John Roberts noted that the court’s DIG did not reflect “the appropriate resolution of other litigation, pending or future, related to” the rule. This summer, the U.S.

Immigration 85

Immigration Litigation Litigating Administrative Law 85

The Crime Report

DECEMBER 18, 2023

The political reality of a US Democracy in crisis is a byproduct, not only of the master storyteller Donald Trump, but more fundamentally it has to do with both a broken fourth estate and society. Instead, like other American media they too are increasingly speaking to their own political camps.

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Government Statute Legal Legal 116