Archive for the ‘litigation’ Category
January 8, 2013
Matthew J. Wilson (University of Wyoming – College of Law) has posted “Improving the Process: Transnational Litigation and the Application of Private Foreign Law in U.S. Courts”, New York University Journal of International Law and Politics (JILP), Vol. 45, 2013, forthcoming. The abstract reads:
Due to the current and anticipated stream of foreign law issues in U.S. courts and arbitration proceedings, it is necessary to explore additional ways to ensure accuracy and improve current procedures in applying foreign law. At the same time, it is also important to understand the issues and concerns underlying the application of foreign law in U.S. courts. In recent years, foreign law has increasingly gained greater public attention and political discourse has progressively focused on the use of foreign law by U.S. courts. Some of this attention has been politically charged and quite unfavorable. In fact, policymakers across the U.S. have advocated measures that would prohibit courts from using or relying on foreign law in certain instances. In many respects, much of the negative sentiment towards foreign law has been misdirected resulting in public confusion. Accordingly, an examination of the boundaries of the ongoing debate is necessary to clarify those areas in which foreign law can and should be applied without issue. To accomplish the above objectives, this article focuses on the legal requirements, practical aspects, and possible improvements of proving the law of a foreign country in U.S. courts. Before delving into these areas though, it is worthwhile to breakdown the opposition to the use and application of foreign law in U.S. courts to gain a better understanding of the attendant issues.
A pdf copy of the paper is available for download on SSRN here.
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Tags:Arbitration, Courts of the United States, Law, Products, U.S. courts, United States, United States Constitution, University of Wyoming College of Law
Posted in arbitration, courts, expert witnesses, foreign law, International, international arbitration, international dispute resolution, international law, international litigation, Judge, judging, judgments, litigation, Transnational, Transnational Law | Leave a Comment »
December 5, 2012
Embarrassing.
Shameful.
Greedy.
Pull out your Roget’s Thesaurus and take your pick of a panoply of adjectives to describe this story by the CBC’s Kathy Tomlinson: B.C. woman may lose home over huge lawyer bill:
A B.C. woman stands to lose her home to her lawyer, who is moving to foreclose on her to pay his six-figure bill.
“My friends and family say this can’t be happening. There’s got to be a mistake,” Dale Fotsch said.
Fotsch got into the predicament after being sued by her former common-law husband, even though she won the case and the court ordered him to pay her costs.
“I won, but I lost,” Fotsch said. “I defended myself and now I’m losing my place.”
Fotsch, 54, lives near Pemberton with her disabled son and earns a modest income. Her only asset is her home and the 12 hectares of land it sits on.
“I’ve worked two jobs, and I have for the last 25 years,” Fotsch said. “When I was hit with this, it was just like a bomb went off in my life.”
The divorce proceedings were brought by Ms. Fotsch’s common law ex-husband Leigh Wilson who claimed a share of her home (presumably as a matrimonial home) following their break-up. Nine years later, the case resolved, but not in any way she expected. (more…)
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Tags:Beverley McLachlin, British Columbia Court of Appeal, Canada, Fotsch, Lawyer, Supreme Court
Posted in access to justice, Access-to-Justice theory, client, ethics, Integrity, law, lawyer, lawyers, Legal Ethics, legal practice, legal profession, litigation, Litigation Funding, professional, professionalism, proportionality, Rules of Professional Conduct | 4 Comments »
May 24, 2012
Today, the Supreme Court of Canada denied application for leave to appeal in Lojas Renner S.A. v. Tucows.Com Co. (Ont.) (Civil) (By Leave) (34481) Coram: Deschamps / Fish / Karakatsanis.
The dispute was over the right to the internet domain name “renner.com”. The applicant, Lojas Renner S.A., operates a number of retail department stores in Brazil and owns the registered trademark “Renner”, while the respondent, Tucows.com, is a Canadian domain name registrar which purchased the domain name “renner.com” in 2006 and is the registrant of that domain name with the internationally-recognized non-profit organization, the Internet Corporation for Assigned Names and Numbers (“ICANN”). Lojas Renner S.A.’s motion to set aside service ex juris of Tucows.com statement of claim and to stay the action for want of jurisdiction was granted. The Ontario Court of Appeal unanimously allowed Tucows.com’s appeal. The Court of Appeal for Ontario held that Ontario had jurisdiction over the dispute, finding that a domain name is personal property and that presence-based jurisdiction is established if the plaintiff’s servers are physically located in Ontario.
Lojas Renner S.A. unsuccessfully sought leave to appeal on the following issues:
- Whether the Court of Appeal erred in stating that the policy of the UDRP is to “refer” legitimate disputes to the Court?
- Whether the Court of Appeal erred in holding that the Superior Court of Ontario’s jurisdiction was “unlimited and unrestricted”?
- Whether the Court of Appeal erred in making no assessment of whether the claim before it was justiciable?
- Whether the Court of Appeal erred in determining in the abstract that a domain name was “personal property in Ontario”?
- Whether the Court of Appeal erred in failing to consider whether it accords with principles of order, fairness and comity to read “intangible” into Rule 17.02 – Rules of Civil Procedure, R.S.O. 1990, Reg. 194, Rules 17.02(a), 17.06(1).
I previously wrote a case comment about this important internet jurisdiction case: “The Internet as Property: The Implications of Tucows.Com Co. v. Lojas Renner S.A., and SOPA”, The Globetrotter, OBA International Law Section Newsletter, Volume 16, No. 1 – December 2011 [pdf].
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Tags:Canada, Civil procedure, Court of Appeal, Court of Appeal for Ontario, Domain name, ICANN, Ontario, Supreme Court, Supreme Court of Canada, Tucows, Uniform Domain Name Dispute Resolution Policy
Posted in assumed jurisdiction, conflict of laws, copyright, cyberlaw, cyberspace, cybersquatting, Dispute Resolution, intangible property, intellectual property, lis pendens, litigation, parallel proceedings, Supreme Court of Canada, Tucows.Com Co. v. Lojas Renner S.A. | 1 Comment »
March 15, 2012
The Supreme Court of Canada released its decision this morning in Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd., 2012 SCC 9 (SCC). A copy of my brief case comment entitled “A “Momentous” Decision on Consent-Based Jurisdiction“, OBA Civil Litigation Section “Keeping Tabs” Volume 19, No. 2 January/Janvier 2011, is available here. (more…)
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Tags:Ontario Superior Court of Justice, Ontario, Court of Appeal for Ontario, Supreme Court of Canada, Civil procedure, Canadian American Association of Professional Baseball, Momentous.ca Corporation v. Canadian American Association of Professional Baseball Ltd., Court of Appeal
Posted in conflict of laws, jurisdiction, litigation, personal jurisdiction, jurisdiction simpliciter, consent-based jurisdiction, Z.I. Pompey, attornment, "strong cause" test | 5 Comments »
October 25, 2011
Emir Aly Crowne (né Mohammed) (University of Windsor – Faculty of Law) has posted a case comment on the recent Ontario Court of Appeal decision in Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548 entitled ”Greener Pastures for Tucows (via SSRN), Journal of Intellectual Property Law & Practice (Oxford), October 12, 2011. See also my previous post here.
Professor Crowne argues that it is debatable that domain names can or should be considered property.
I find this argument intriguing; particularly, since domain names are a form of intangibles that may be part of a bundle of rights that are enforceable, either in personam or in rem, depending on the characteristics of the intellectual property itself. (more…)
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Tags:Canada, Conflict of Laws, Court of Appeal for Ontario, Intellectual property, Lojas Renner, Ontario, Tucows
Posted in assumed jurisdiction, conflict of laws, copyright, cyberspace, intangible property, intellectual property, lis pendens, litigation, parallel proceedings, Tucows.Com Co. v. Lojas Renner S.A. | Leave a Comment »
Antonin I. Pribetic
