What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.

First, neither of the … Read the rest

Court will assess double-jeopardy claim with implications for tribal sovereignty

Court will assess double-jeopardy claim with implications for tribal sovereignty

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Crimes against indigenous women are the subject of increasing public concern and awareness. Government officials – tribal, federal, and state – have established initiatives to address the disturbingly disproportionate rates of violent crimes perpetrated against indigenous women. The tools these governments have at their disposal are often limited by a criminal justice system and jurisdictional framework in Indian Country that is complex and historically unresponsive to the needs of Indian people. Because federal statutes and court decisions have limited … Read the rest

District Court Gives Students Insider’s View of the Judiciary, Careers in Law

As a teenager, Taisha Sturdivant was a bright kid who loved to read, yet her circumstances conspired to limit her future prospects. With the help of mentors and her own determination, she enrolled in an interactive fellowship with the Massachusetts federal court. Today, she is a successful real estate attorney specializing in affordable housing.
Judiciary News – United States CourtsRead the rest

Highest French Administrative Court Freezes Ban on CBD Flowers and Leaves

The regulation of CBD/Hemp products has been a very hot topic in France these past months since the “Kanavape” ruling. In Kanavape, the CJEU asked France to review its very strict CBD regulations, more specifically its Regulation (arrêté) of 22 August 1990 (CJEU, 19 November 2020, C-663/18) in light of the free movement of goods principle. In the European Union, France has one of the toughest laws against cannabis but the highest rate of cannabis use.

After the … Read the rest

Court sets quiet March argument calendar

Court sets quiet March argument calendar

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The Supreme Court ended a week of momentous news on a much more low-key note, releasing on Friday afternoon the argument calendar for the justices’ March arguments. The court will hear eight hours of oral arguments over six days, on topics ranging from arbitration to international child-custody law.

Here is the full list of cases scheduled for the March argument session:

Morgan v. Sundance, Inc. (March 21): Whether an employee is required to show prejudice to prove that a … Read the rest

COURT OF APPEAL SUMMARIES (JANUARY 17-21, 2022)

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Good evening.

Following are this week’s summaries of the civil decisions of the Ontario Court of Appeal for the week of January 17, 2022.

In Walters v. Walters, a wills and estates case, the Court provided a helpful summary of the jurisprudence regarding the requirement of trustees to give effect to a testator’s intentions as ascertained from the language of the will and the surrounding circumstances, including … Read the rest

Majority turns down request to send Texas abortion litigation back to federal district court

Majority turns down request to send Texas abortion litigation back to federal district court

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The Supreme Court on Thursday afternoon rejected abortion providers’ request to order a federal appeals court to send their challenge to a Texas law banning almost all abortions in the state promptly back to the friendlier confines of a federal district court in that state. The providers argued that failing to do so would “derail indefinitely the timely resolution of the merits of the case” and “compound the ongoing harm to pregnant Texans under” the law, which has been … Read the rest

Supreme Court Halts Implementation of OSHA Vaccine-or-Test Rule (US)

In a per curiam majority decision issued on January 13, 2022, the United States Supreme Court stayed the implementation of the U.S. Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) that would have obligated employers with 100 or more U.S. employees to require proof of COVID-19 vaccination or weekly COVID-19 testing, plus imposed face covering and other mitigation strategies. Last month, the Sixth Circuit Court of Appeals lifted another federal appellate court’s earlier stay of the ETS, leaving … Read the rest