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1 May 2019, 7:51 am
Supreme Court on the basis that US courts lacked jurisdiction in that case (case opinion here: Kiobel v. [read post]
19 Apr 2019, 5:59 am by Joel R. Brandes
Pursuant to the ICWA, A[a]n Indian tribe shall have jurisdiction exclusive as to any State over any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of such tribe, except where such jurisdiction is otherwise vested in the State by existing Federal law@ (25 USC ' 1911[a] ). [read post]
Issues for the Supreme Court In considering the appeal, the Supreme Court addressed the following issues: whether there had been an abuse of EU law by the claimants in relying on Article 4 of the Brussels Regulation Recast to establish jurisdiction over Vedanta as anchor defendant for the purpose of attracting the English courts’ jurisdiction over the claim against KCM, “the real targets of the claim”; whether the claimants’ pleaded case and supporting evidence disclosed no… [read post]