Note on how the national courts will reason upon the requests for additional evidences in appeal when the Suspension of civil procedures due to COVID-19 crisis will cease and the activity in courts will be resumed. Good news from the High Court of Romania! Even though most of the civil cases are suspendedex officiothroughout the state of emergency instated by the Decree no. 195/16.03 ...
The President recently signed into law the Criminal Antitrust Anti-Retaliation Act (S. 2258) (116th Cong. (2020)), which amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004. It grants stronger protections to employees who come forward with claims of antitrust violations. Specifically, the law prohibits employers from discharge, demotion, or suspension, as well as any discrimination against any employee who assists in a government antitrust investigation ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
The Origin & Cause In 2010, a California jury returned a $671 million verdict in a class action alleging "violation of the rights of residents" under the California Health and Safety Code[1] arising from alleged understaffing at senior care facilities. Before the jury determined whether to award punitive damages, the Lavender, et. al. v.Skilled Healthcare Group, Inc.[2]lawsuit settled ...
On June 21, 2022, the government adopted Resolution No. 702 , which regulates the procedure for receiving partial unemployment benefits. From now on , self-employed persons and employees who have lost part of their income can count on assistance from the state. However, it should be noted that it is not the employee, but the employer who should seek help ...
Bob McIntosh, the Tenant Farming Commissioner, has published a blog on the Scottish Land Commission website about the powers that the commissioner has to investigate alleged breaches of codes of practice. It seemed to me that the headline was slightly misleading. It stated boldly “Tenant farmers encouraged to notify the TFC of alleged code breaches” but of course landlords and tenants have duties under the codes and either party is entitled to complain ...
A landmark judgment was handed down yesterday (1 February 2023) by the Supreme Court in Fearn and others (Appellants) v Board of Trustees of the Tate Gallery (Respondent) [2023] UKSC 4. In its judgment, the Supreme Court has allowed the appeal by the residents of Neo Bankside, meaning that the Tate is liable to them in nuisance. Background The case centred around glass-walled flats high above the South Bank in London ...
Why is ESG of importance to charities when they already make such a positive difference to society? Because there is still much to be done about how charities undertake their valuable work, and many do not yet communicate to stakeholders all the things they do well, in a systematic and measurable way. And because two thirds of millennials consider the social and environmental commitments of an organisation when deciding where to work ...
The High Court has dismissed 28 divorce petitions after finding that the particulars of behaviour were ‘absolutely identical’ to each other. Every marriage is different, but in the recent case of Celine-Shelby v Yorston, the courts were confronted with 28 divorce applications from 28 different people, all seemingly based on the same reasons ...
The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights ...
A new feature of the civil justice reform system came into effect on 1 January 2010, nine months into the revamp. Steven Yip and James Yeung report that the introduction of mediation, as prescribed by Practice Direction 31 ('PD 31'), is expected to have a profound impact on the way parties conduct cases ...
BackgroundSection 466(1)(a) of the Companies Act 2016 (“CA 2016”) provides that a company is deemed unable to pay its debts if it is indebted in a sum exceeding an amount prescribed and neglects to pay the sums stipulated in the notice of demand within 21 days of being served with the said notice.Through the issuance of the Prescription of Amount of Indebtedness of Company published on 26 January 2017 (“2017 Threshold Order”), this amount was fixed at RM10,000 ...
“Historical facts”1 are not protected by copyright. Referring to the Storming of the Bastille or the Battle of the Plains of Abraham will not get an author sued in Federal Court, but must these events have really happened to be considered “historical facts”? The Federal Court recently ruled on this issue in Winkler v. Hendley ...
The Supreme Court has decided several cases concerning the Civil Procedure Act this autumn. We would like to start by mentioning HR-2022-1503-U, which concerned the difference between an ordinary witness and an expert witness. Two decisions concerning recusal are also noteworthy: HR-2022-1959-A and HR-2022-1799-U. The question in the first case was whether a judge had to recuse himself because his textbook expressed an opinion about the legal issue in the case ...
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to support that reservation. But many of these Winters rights, like those held by the Navajo Nation, remain unadjudicated and unquantified, creating uncertainty for junior right holders ...
Renewable energy in the form of utility scale wind and solar are best sited in the areas where the load profile is best - the solar belt for solar generation, and areas with high capacity factors for wind generation. The best areas for development of these resources are remote areas that lack access to transmission ...
With the explosion of remote work arrangements during the COVID-19 pandemic, employers are more likely to have remote employees who live in different states. A company should examine whether it is actually subject to potential jurisdiction for legal claims in each state where it has a remote employee. In other words, if your company has employees working remotely in other states, can you actually be sued in all of those states? The answer is maybe ...
The High Court has left the door open for a negligence claim to be pursued against a UK company on behalf of a shipyard worker who fell to his death dismantling an oil tanker at a Bangladeshi yard.1 The vessel had been sold to a buyer on terms requiring it to be scrapped in an environmentally sound manner and in accordance with good health and safety practices ...
In March, the European Commission recommended that member states introduce temporary restrictions on travel to the European Union (through 15 May 2020). The vast majority of European countries coordinate border control measures at the EU level. States are again fencing their territories, suspending the free movement of persons also between regions ...
The implications of Biodiversity Net Gain & Nutrient neutrality on planning applications ...
As the world becomes ever more focussed on environmental and climate change issues, so businesses are increasingly concentrating on whether their people are working in ways that best achieve the green credentials many organisations now aspire to. Employment practices and policies can be adjusted or altered in ways that will help organisations positively contribute towards lessening their environmental impact ...
OSHA is considering rules to address heat injury and stress in the workplace. On October 27, 2021, OSHA filed an Advance Notice of Proposed Rulemaking ("ANPRM") for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The ANPRM includes 114 questions and seeks public input on heat-related issues that should be addressed in any standard, including possible controls or measures that might be considered to address heat-related injury and stress ...
In response to the outbreak of COVID-19, the Occupational Safety and Health Administration (OSHA) and the California Department of Occupational Safety and Health (Cal/OSHA) have issued guidance for employers. The guidelines provide guidance on how to determine if COVID-19 is a hazard in the workplace and employer obligations. Is COVID-19 a Workplace Hazard? Employers should determine if COVID-19 infection is a hazard in their workplace ...
