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Consumers and users are daily involved in commercial practices and transactions that can end up not pacifically. We buy items and services, we travel, we use public services and vehicles and we enter into contracts with banks, insurance and financial services companies. The disputes arising from...
Persistent link: https://www.econbiz.de/10012891181
Healthy organisms inevitably produce cancer cells, and vibrant patent systems inevitably let bad patents slip through. These patents are harnessed by entities that leverage the uncertainty and expense of litigation to extract licenses from technological practitioners. Postissuance patent review...
Persistent link: https://www.econbiz.de/10012897796
This chapter examines the prospects for challenging a tax exemption granted to a private company by invoking the prohibition on discrimination in the European Charter on Human Rights (ECHR). For this purpose, it assesses a specific case of tax exemption, allegedly granted to a subsidiary of...
Persistent link: https://www.econbiz.de/10012823996
The judicial landscape in Europe for commercial litigation is changing rapidly. Many EU countries are establishing international business courts or have done so recently. Unmistakably, the approaching Brexit has had an effect on this development. In the last decades England and Wales – more...
Persistent link: https://www.econbiz.de/10012860126
This paper aims to investigate whether (inEurope) the Favoring Plaintifffee-shifting Rule can be an alternative to legal aid for assisting wealth-constrained Plaintiffs in pursuing cases, that would otherwise be dropped. According to the Favoring Plaintiff fee-shifting Rule, in litigation a...
Persistent link: https://www.econbiz.de/10013022019
The American Antitrust Institute (AAI) and the University of San Francisco School of Law (USF Law) released a commentary (Commentary) on a new annual report examining antitrust class actions in federal court from 2009 to 2019. The 2019 Antitrust Annual Report (2019 Report) finds that cases...
Persistent link: https://www.econbiz.de/10013223298
The present paper focuses on the emerging human rights-based climate change litigation legal movement and proposes an ECHR law-based litigation route that can be used, along with European and national constitutional law arguments, in national courts of states that participate in the ECHR system,...
Persistent link: https://www.econbiz.de/10013225875
The Ontario government has recently made changes to provincial securities law that are aimed at more e/effective enforcement. For example, statutory civil remedies are now available to investors in actions involving misrepresentation or inadequate disclosure in the secondary market. A broader...
Persistent link: https://www.econbiz.de/10013146870
In this contribution to the Symposium honoring Stephen Yeazell, the author explores the interaction between group litigation and social context in the contemporary setting. She traces recent developments in the law of class action waivers coupled with mandatory individual arbitration clauses in...
Persistent link: https://www.econbiz.de/10013077045
Even though alt-labor does not have significant labor market power when compared to labor unions, its impacts are manifold. Alt-labor has given rise to novel state and local legislation improving wages and working conditions for low-wage workers across the country. It has fostered new...
Persistent link: https://www.econbiz.de/10012830834