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16 Jul 2015, 9:00 pm by Jan von Hein
Consistently with its reasoning in Gasser (Case C-116/02) and Turner v Grovit (Case C-259/02), the Court held in West Tankers that “even though proceedings [to enforce an arbitration agreement via an anti-suit injunction] do not come within the scope of [the Brussels I Regulation], they may nevertheless have consequences which undermine its effectiveness”, if they “prevent a court of another Member State from exercising the jurisdiction conferred on it by… [read post]
29 Jun 2015, 12:44 pm by Mark Walsh
Justice Ginsburg is up next with Arizona State Legislature v. [read post]
29 Jun 2015, 7:40 am by Joy Waltemath
Redhail, its 1978 opinion holding the right to marry was burdened by a law prohibiting fathers who were behind on child support from marrying; and Turner v. [read post]
15 Jun 2015, 6:39 am by Joy Waltemath
Noting that the employee voiced his grievances internally, at union meetings, to his supervisor, and to human resources, the appeals court found he was primarily concerned about his own professional advancement and his dissatisfaction with his own status as a temporary employee (Turner v. [read post]
10 Jun 2015, 4:31 pm by INFORRM
(d)        The judge was wrong to reject MGN’s submission that damages for breach of privacy are compensation for injured feelings and are not intended to mark wrongdoing, such damages being vindicatory in effect and therefore contrary to the principles stated inLumba v Secretary of State for the Home Department. [read post]
8 Jun 2015, 12:22 am
Thus Mr Turner [Counsel for Warner-Lambert], in his written submissions, whilst continuing to accept that the claim requires an element of "intention-like mens rea", submits that it is wrong to start with the word "intention" and embark on an exercise of deciding what that means, and to go on to hold that that form of intention must be attributed to the manufacturer. [read post]
24 Apr 2015, 8:00 am by Dan Ernst
Dayton, University of Connecticut, and Sharon V. [read post]