Court | Judiciary.org

Cognizant’s High Court approved scheme of arrangement was held to be a colorable device by Chennai ITAT

The ITAT recently dismissed an appeal and slammed Cognizant India Private Limited (“Cognizant India”) for what it perceived as using a colorable device to evade taxes during its INR 190 billion share buyback exercise.

Cognizant (Mauritius) Limited (“Cognizant Mauritius”) and Cognizant Technology Solutions Corporations USA (“Cognizant USA”) held around 76% and 22% stake in Cognizant India respectively. The remaining 2% minor shareholding was also held by USA based entities.

In the year 2016, Cognizant … Read the rest

Supreme Court

Federal government and drug manufacturer ask court to review ruling restricting access to abortion medication

The Biden administration and a drug manufacturer on Friday night asked the Supreme Court to review a decision by a federal appeals court that would significantly restrict access to a drug used in medication abortions, which account for over half of all abortions performed in the United States. The filings created the prospect that the justices will weigh in on the issue of abortion for the first time since their decision last year in Dobbs v. Jackson Women’s Health … Read the rest

Supreme Court

Court asked to review prosecution of Jan. 6 participants, with implications for Trump

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

On August 3, President Donald Trump pleaded not guilty to criminal charges related to the January 6, 2021 attack on the United States Capitol and interfering with the results of the 2020 election. A day later, Trump posted on his Truth Social account that “the Supreme Court must intercede.”

Even … Read the rest

Supreme Court

Supreme Court sets seven cases for November argument session

A major Second Amendment dispute and a challenge to the constitutionality of efforts by public officials to block constituents on social media headline the Supreme Court’s November argument calendar, which was released on Wednesday. The session, which begins on Oct. 30, is a relatively light one, with the justices scheduled to hear oral arguments in just seven cases over six days.

The justices will hear oral argument in O’Connor-Ratcliff v. Garnier and Lindke v. Freed, the social media … Read the rest

Civil Law

PRC Court Pierced the Veil of Co-insurance and Found Reinsurance Relationship Established Between the Insurers

By Jia WAN

In a recent case published by Beijing Financial Court (the “BFC”), which was represented by AnJie Broad and classified as one of the typical financial cases for the year of 2022, the BFC pierced the veil of “co-insurance”, and confirmed that reinsurance legal relationship was established between two insurers.

The dispute arose out of the “co-insurance agreement” entered by PICC and China Life where the two insurance companies had disagreement as to the amount that PICC should … Read the rest

Supreme Court

A president and a justice: The shaping of securities law at the Supreme Court

So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task — interpreting federal statutes — remains markedly underrepresented. Of course, it can be hard to craft a sustained narrative about those cases when many deal with relatively obscure statutes that the court rarely examines … Read the rest

Circuit Courts

New Supreme Court Fellows Begin Term

Four new U.S. Supreme Court Fellows will begin their 2023-2024 fellowships in September. The Supreme Court Fellows Program, established by the late Chief Justice Warren E. Burger in 1973, provides participants the opportunity to gain a greater understanding of the federal Judiciary. Fellows work alongside top officials in the judicial branch on projects that further the goals of the Judiciary.
Judiciary News – United States Courts… Read the rest

Civil Law

Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options

On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore. As we discussed earlier this year, on December 2, 2022, the bankruptcy court presiding over 3AC’s chapter 15 proceeding pending in the Southern District of New York held that the 3AC joint liquidators (the “JLs”) could serve a subpoena (the “U.S. Subpoena”) upon a 3AC cofounder, … Read the rest