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23 Oct 2023, 6:16 pm by Jeanne Huang
The passengers (supported by the Commonwealth Attorney-General and ACCC, as interveners) took a different starting point — the threshold question is whether the forum law, as a matter of interpretation, applies to the contract irrespective of the parties’ usage of an exclusive jurisdiction clause. [read post]
15 Jan 2023, 10:18 pm by Michael Douglas
The second ground, that Australia is an inappropriate forum, turns on application of the ‘clearly inappropriate forum’ test of the Australian forum non conveniens doctrine: Chandrasekaran v Navaratnem [2022] NSWSC 346, [5]–[8]; Sapphire Group Pty Ltd v Luxotico HK Ltd [2021] NSWSC 589, [77]–[80]; Studorp Ltd v Robinson [2012] NSWCA 382, [5], [62]. [read post]
8 Dec 2022, 9:30 pm by ernst
Thus began the murder case of Commonwealth of Pennsylvania v. [read post]
17 Feb 2021, 5:01 am by Eugene Volokh
I'm continue to serialize my forthcoming UC Davis Law Review article What Cheap Speech Has Done: (Greater) Equality and Its Discontents; you can read the Introduction, but in this post I'm talking about how "cheap speech" has brought back criminal remedies for libel. [read post]
4 Jan 2021, 5:49 am by Ralf Michaels
Senior judges have repeatedly noted the excesses of the Spiliada regime, in terms of the time, expense and judicial resource spent in litigating questions about the appropriate forum (see, most recently, Lord Briggs in Vedanta Resources Plc v Lungowe [2019] UKSC 20, [6]-[14]), yet they and the rule makers have done little or nothing about it. [read post]
27 Apr 2017, 1:30 am by Thaddeus Mason Pope, JD, PhD
Come prepared for a lively, interactive workshop.World Café Hosts:Dayna Matthew, University of Colorado Law SchoolCharity Scott, Georgia State University College of LawSidney Watson, Saint Louis University School of LawInvited Discussants and Participants:Rodney Adams, Virginia Commonwealth University School of Health AdministrationChristina Juris Bennett, University of Oklahoma College of LawAmy Campbell, University of Memphis Cecil C. [read post]
29 Mar 2017, 1:05 am
Millions of millennia ago, in our own Milky Way galaxy, but far upstream of where we are today, two neutron stars spiraled around each other, each embodying the mass of a sun but smaller and faster than a speeding planet. [read post]
21 Sep 2016, 10:23 am by CrimProf BlogEditor
Place (Pennsylvania State University, Dickinson Law) has posted Commonwealth V. [read post]
13 Jan 2016, 9:00 pm by Carey Sias
Crevor, 3 Binney 121 (1810); Commonwealth v. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
In December 1833, the American Monthly Review commented on a newly published book by Joseph Story. [read post]
2 Jan 2011, 8:30 pm by Jason Rantanen
Becton Dickinson and Tivo v. [read post]
7 Aug 2009, 8:31 am
Frye and State Farm, Dauphin, 2008 CV 17687, andSellers v. [read post]
31 Dec 2008, 9:00 pm by Carey Sias
Crevor, 3 Binney 121 (1810); Commonwealth v. [read post]
26 Sep 2008, 11:45 pm
Margaret Atwood on creativity (Michael Geist) National Graduate Caucus on copyright reform (Michael Geist) Supreme Court dismisses auto parts resellers' leave to appeal in action seeking expungement of trade marks for non-distinctiveness and abandonment: Hyundai Auto Canada v Cross Canada Auto Body Supply (West) Ltd & Ors (Canadian Trademark Blog) 'Why copyright? [read post]
4 Apr 2008, 1:00 am
- Counterfeit cash flooding the market: (Afro-IP), Debranded fakes for Liberia: an update: (Afro-IP), South African music industry blames pirates for falling sales of local artists: (Afro-IP), Plaintiff obtains interlocutory relief in patent case Sanitam Services Limited v Bins (Nairobi) Services Limited: (Afro-IP), South Africa – new patent judgments: Buckman Laboratories v Bromine Compounds; Northpark Trading 3 (Pty) Ltd v Ausplow (Pty) Ltd:… [read post]