News & Analysis as of

Jurisdiction Declaratory Relief

Mitchell, Williams, Selig, Gates & Woodyard,...

Valuation of Riparian Rights: Federal Court Addresses Jurisdictional Issue

A United States Magistrate (U.S. District Court [Alabama]) (“Magistrate”) addressed in an August 2nd Report and Recommendation whether a water law dispute satisfied the jurisdictional minimum of $75,000.00 to remain in...more

Butler Snow LLP

Let’s Get Down to Business (Court): A Primer on Texas’ newest Trial Court

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Although wading through the salient headlines from the 2023 Texas state legislative session has felt like an endless feat, Texas businesses (and litigators) should take some time to acquaint themselves with H.B. 19, which...more

Walkers

Judgment on Declaratory Relief in Cayman Islands Insolvent Liquidation Proceedings

Walkers on

A recent decision of Kawaley J sitting in the Grand Court of the Cayman Islands (the “Grand Court”) has provided helpful clarification on what he described as a “legally significant” and “important jurisdictional point”. The...more

Conyers

Going it Alone

Conyers on

On 12 November 2021, the Supreme Court of Bermuda issued its written judgment in NKWE Platinum Limited v (1) Glendina Pty Limited and Ors (2) Genorah Resources (Pty) Limited. The Court’s ruling both provides helpful...more

McGlinchey Stafford

Can Partial Performance Prevent The Statute Of Frauds From Barring An Oral Agreement?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more

Winstead PC

Court Had Jurisdiction To Declare That The Majority Of Co-Trustees Had The Authority To Sell Trust Property And The Declaration...

Winstead PC on

In Duncan v. O’Shea, three co-trustees brought a declaratory judgment action against a fourth co-trustee, seeking a declaration that the sale of trust real property was valid over the objection of the fourth co-trustee. No....more

Holland & Knight LLP

The End of the Line: Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

Holland & Knight LLP on

On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more

Smart & Biggar

Top 5 reasons to consider patent litigation in Canada now

Smart & Biggar on

Canada has historically been a much less active jurisdiction for patent litigation compared to the United States, which can be explained in part by the simple fact that the United States’ market is almost 10 times the size of...more

Sullivan & Worcester

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

Latham & Watkins LLP

Court Refuses to Grant Declaratory Relief in an Arbitration

Latham & Watkins LLP on

A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta...more

Dorsey & Whitney LLP

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

Dorsey & Whitney LLP on

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

Latham & Watkins LLP

The Class Actions Global Guide, US

Latham & Watkins LLP on

WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - In the US, a class action is a form of...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Eversheds Sutherland (US) LLP

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

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