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From 2010 through 2014, the Supreme Court issued thirteen class action decisions. With no new class action decisions on the immediate horizon, this article takes stock of what these decisions mean for federal class practice. These cases include some very good news for plaintiffs. Indeed, federal...
Persistent link: https://www.econbiz.de/10013028269
This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...
Persistent link: https://www.econbiz.de/10014144725
Citation networks are a cornerstone of network research and have been important to the general development of network theory. Citation data have the advantage of constituting a well-defined set where the nature of nodes and edges is reasonably well specified. Much interesting and important work...
Persistent link: https://www.econbiz.de/10014207149
Several countries practice a system where laymen, who lack legal education, participate in the judicial decision making. Yet, little is known about their potential influence on the court rulings. In Sweden lay judges (namndeman) are affiliated with the political parties and appointed in...
Persistent link: https://www.econbiz.de/10010514641
Section 31(8) of the Arbitration and Conciliation Act, 1996 as originally enacted dealt with costs in arbitration. The evolution of the law on the subject led to dissatisfaction. After numerous calls for reforms, the Law Commission of India in its 246th Report sought overhaul of the existing law...
Persistent link: https://www.econbiz.de/10012955900
In the October 2004 term of the Supreme Court, two federal Indian law cases were decided. In Cherokee Nation v. Leavitt, the Court decided that the federal contracting legislation and regulations required that the federal government honor its contractual obligations when the contractor had...
Persistent link: https://www.econbiz.de/10013139773
The COVID-19 pandemic has unleashed a catena of contractual disputes. The paper synthesizes the Indian Contract Act and relevant case laws to present a legal position on force majeure, the frustration of contract and contractual gaps, in the context of COVID-19. Using the economic analysis of...
Persistent link: https://www.econbiz.de/10013231473
A model of negligence in common law jurisdictions is a conceptual structure that basically seeks to align the three legal concepts used by courts to administer negligence law with the three substantive elements that constitute, justify and limit negligence liability. The three legal concepts are...
Persistent link: https://www.econbiz.de/10013248581
The 1991 Policy of liberalisation, globalisation and privatisation was a complete game changer for the Indian economy and by an extension, for the justice system in the country. The Indian legal infrastructure needed reforms even before 1991; however, the cycle of reforms that started post 1991 gave...
Persistent link: https://www.econbiz.de/10014241110
Persistent link: https://www.econbiz.de/10014536360