Leave to Appeal

News & Analysis as of

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

New Jersey Bill Could Dramatically Change State Class Action Litigation

On March 7, 2016, a bill was introduced in the New Jersey Senate that, if enacted, would dramatically alter class action litigation in New Jersey. The bill, S1845, would permit litigants to immediately appeal to the Appellate...more

Supreme Court Hearing May Resolve Critical Questions in Canadian Patent Law

The Supreme Court of Canada (SCC) recently granted AstraZeneca Canada Inc. et al. (AstraZeneca) leave to appeal from the Federal Court of Appeal’s decision upholding the invalidity of AstraZeneca’s Nexium patent. This appeal...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

Appeal Puts Faith to the Test: Court Grants Appeal from Arbitral Award on Scope of Contractual Duty of Honest Performance

The British Columbia Supreme Court has recently granted leave to appeal from an arbitrator’s award that applied a broad notion of the doctrine of good faith in the performance of a contract. As the court noted, the issues...more

Just when you thought Deco-ast was clear for special servicer replacements

If you thought the wrangling over special servicer replacements was over following Richard Snowden QC’s judgment in US Bank v Titan Europe 2007-1 (NHP) plc in April last year, think again....more

"Irreconcilable Clash" of Jurisdictions

James Petter was a U.K.-based senior employee of the U.K. subsidiary of a U.S. company. As part of his compensation package, he was awarded restricted stock units (RSU) under the U.S. parent’s plan. The plan contained an...more

Court Dismisses Tarantino’s Copyright Claim Over Hyperlink To Leaked Script; Grants Leave to Amend But Notes That Fair Use...

We recently reported on director Quentin Tarantino’s copyright lawsuit against Gawker Media over his leaked script for the film The Hateful Eight. The suit alleged that Gawker Media, by encouraging its readers to leak the...more

Supreme Court Dismisses Leave Application In Johnson v. The Queen

On March 21, 2013, the Supreme Court of Canada dismissed (with costs) the application for leave to appeal in the case of Donna M. Johnson v. Her Majesty The Queen....more

NY State Appellate Court Sides with Airlines, Dismisses Tarmac Delay-Related Claims

The Second Department in Biscone v. JetBlue Airways Corporation recently dismissed airline passengers’ tort claims against an airline based on the failure to provide food, water and facilities during an 11-hour tarmac delay,...more

Illinois Supreme Court Grants Leave to Appeal Controversial Condominium Decision

May a condominium owner refuse to pay monthly and/or special assessments, in whole or in part, on the grounds that the condominium board had failed to maintain and repair the common elements of the condominium property? In...more

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