Foreign Courts Archives

TickleVGiggle gender identity australian court

Australian Court finds transwoman indirectly discriminated on basis of gender identity by social media platform ‘Giggle for Girls’

The Court found that applicant was excluded from the use of the Giggle App because she did not look sufficiently female, according to the respondents; hence, the respondents were directed to pay compensation of $10,000 to the applicant.

Case Briefs Foreign Courts

Explained | Why CAS dismissed Vinesh Phogat’s application for a joint silver medal in Paris Olympics 50 kg wrestling competition

The Sole Arbitrator opined that the consequences of the failed second weigh-in, which do not arise from any illegal or wrongful act on the part of the Applicant, are draconian.

Case Briefs Foreign Courts

Google has monopoly over relevant product markets for general search services and general search text advertisements: US District Court

U.S. Department of Justice and several States homed in on Google’s distribution agreements and in late 2020 filed lawsuits alleging that the agreements and certain other conduct violated Section 2 of the Sherman Act.

Case Briefs Foreign Courts

Pilot’s illness resulting in cancelled flight does not amount to ‘extraordinary circumstance’ for refusal to pay compensation under EC Regulation 261: UK SC

The Court stated that EC Regulation 261 provides a standardised level of compensation for passengers which does not require complex analysis. Requiring an enquiry into why, when and how a staff member became ill would be contrary to the intended operation of the scheme.

Neopharma lawsuit Bank of Baroda Ernst & Young

Case Briefs Foreign Courts

NY Supreme Court dismisses Neopharma lawsuit against Bank of Baroda and Ernst & Young due to forum non conveniens

The single Judge Bench of Joel M. Kohen, JSC, dismissed the suit on the grounds of forum non conveniens and lack of personal jurisdiction.

Case Briefs Foreign Courts

Inside the Plea Agreement signed between US Government and Wikileaks founder Julian Assange

Julian Assange pleaded guilty before the Court to the information charging him with conspiracy to obtain documents, writings, notes connected with the national defence, and wilfully communicate documents relating to national defence of the United States, which constitutes a felony.

Donald Trump immunity criminal prosecution dissenting opinion

Case Briefs Foreign Courts

Explained | SCOTUS Dissent on Absolute Immunity for former US President Donald Trump from criminal prosecution

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Donald-Trump-Absolute-Immunity-from-criminal-prosecution

Case Briefs Foreign Courts

[Trump v. United States] Former US Presidents have Absolute Immunity for actions within Conclusive and Preclusive Constitutional Authority: SCOTUS

For the first time in US history, a former President, in this case Donald Trump, had been indicted by a federal grand jury on four counts for conduct that occurred during his Presidency following November 2020 Presidential Elections. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud.

Case Briefs Foreign Courts

Does Facebook’s face signature capturing violate Biometric Information Privacy Act? US Court of Appeals answers

The Court stated that BIPA applies to those biometric identifiers and information that can identify a person thereby affirming that face signature is not a biometric identifier, hence there was no violation of BIPA.

Case Briefs Foreign Courts

Read why SCOTUS dismissed challenge to Federal communications pertaining to content moderation by social media platforms to suppress misleading information

The Court found that the respondents could not establish locus standi to seek any injunction against the impugned communications vis-a-vis content moderation by social media to suppress misleading information especially related to Covid-19 and 2020 Presidential Elections.

EIA Surrey County Council crude oil extraction at Horse Hill

Case Briefs Foreign Courts

Surrey County Council’s failure to conduct Environmental Impact Assessment for crude oil extraction project from a well site at Horse Hill, held unlawful: UKSC

The Court by a ratio of 3:2 held that the eventual occurrence of emissions when the oil produced from the site is burnt as fuel, was well within the scope of EIA required under Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and EIA Directive 2011/92 EU of the European Parliament.

Case Briefs Foreign Courts

Refusal to register “Trump too small” trademark under Lanham Act’s ‘Names Clause’ does not violate the First Amendment: SCOTUS

In 2016, after watching a Presidential primary debate exchange between then-candidate Donald Trump and Senator Marco Rubio, the respondent sought to federally register the trademark “Trump too small” to use on shirts and hats.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

two contracts different modes of dispute resolution

Case Briefs Foreign Courts

Courts must decide which contract will prevail when parties execute two contracts providing different dispute resolution mechanisms: SCOTUS

The instant dispute involved a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and the respondents, who used Coinbase.

Case Briefs Foreign Courts

Hush Money Trial | Manhattan Jury finds former US President, Donald Trump guilty of 34 counts of felony

Found guilty of falsifying business records to influence the outcome of the 2016 Presidential Elections, former President Trump becomes the first US President to be convicted of criminal charges in the history of USA.

Case Briefs Foreign Courts

CJEU annuls European Parliament decision refusing to grant access to the data of Ionnis Lagos’ allowances drawn as a Member of EU Parliament despite conviction

Once the necessity of transmission of personal data was established, the requested European Union institution must weigh the interests of the parties concerned and verify whether the data subjects’ legitimate interests may be prejudiced by that transmission

national legislation contravention EU law

Case Briefs Foreign Courts

EU Law does not prevent national legislation from excluding associations of judges from challenging decisions vis-a-vis appointment of prosecutors: CJEU

The Court held that Art 2 and Art.19(1) TEU, read with Arts 12 and 47 of the Charter must be interpreted as not precluding any national legislation which excludes professional associations of judges from challenging the appointment of prosecutors competent to conduct criminal prosecutions against judges.

Case Briefs Foreign Courts

Electoral Court of South Africa upholds the candidature of Jacob Zuma for the upcoming general elections in May 2024

The Court held that a person convicted of an offence and sentenced to more than 12 months’ imprisonment does not immediately become ineligible to be a member of the National Assembly and found Jacob Zuma’s disqualification to be incorrect.

Leave to Remain Art. 8 European Convention on Human Rights UK SC

Case Briefs Foreign Courts

When does refusal to grant Leave to Remain to an individual, who can’t be removed to their country of nationality, violate Art. 8 of ECHR? UK SC answers

In the instant case, the Court noted that the respondent’s own conduct thwarting the attempts by the Home Secretary to remove him to Belarus should be considered as a highly material factor for the purposes of the relevant proportionality analysis under Art. 8 of ECHR.

Case Briefs Foreign Courts

Supreme Court of Appeal of South Africa restores conviction of man accused of raping his love interest

The Court held that ‘act of sexual penetration’ meant that one party must agree/ consent to engage in a particular act of sexual penetration with another, in light of Section 3 of the Sexual Offences Act.