Foreign Courts Archives | Page 2 of 30

1868 Treaty does not require Permanent Residence for Shoshone and Bannock Tribes’ reserved Hunting Rights: US Court of Appeals

Interpreting the Treaty of Fort Bridger, 1868, the Court stated that the parties expressly made the reserved hunting right contingent on maintaining peace and not on living on a reservation.

Case Briefs Foreign Courts

Supreme Court of Mauritius decriminalises sodomy between two consenting adult males

S. 250(1) of Criminal Code Act, 1838, is discriminatory in effect, and breaches Section 16 of the Constitution inasmuch as it criminalises the only natural way for homosexual men to have sexual intercourse.

books state of Texas sexual content children

Case Briefs Foreign Courts

State of Texas cannot delegate categorization/rating of books to third parties based on the level of sexual content: US District Court

State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.

brussels i bis regulation interpretation

Case Briefs Foreign Courts

CJEU interprets Art. 7(1)(b) of Brussels I bis Regulation on jurisdiction and recognition and enforcement of judgments in civil and commercial matters

“Special rules of jurisdiction laid down by the Brussels I bis Regulation are to be interpreted strictly and do not permit an interpretation which goes beyond the cases expressly envisaged by that regulation.”

legal recognition same sex relationships

Case Briefs Foreign Courts

Govt’s failure to realise its positive obligation to set-up alternate framework to recognise same-sex relationship violates Hong Kong Bill of Rights

The Court with a majority of 3:2 issued a declaration acknowledging the need of same-sex couples for access to an alternative legal framework in order to meet basic social requirements

no opt out policy discussion lgbtq+ books

Case Briefs Foreign Courts

US District Court rules Montgomery County Public Schools’ “No-Opt Out” policy for LGBTQ+ Inclusive Books does not violate children’s religious beliefs

The Court opined that the policy does not prevent parents or children from exercising their religious obligations. In fact, the policy serves the school’s legitimate interest of fostering social integration and cultural inclusiveness of transgender and gender nonconforming students.

Case Briefs Foreign Courts

“Sad day for American constitutional law and LGBTQ+ people”: Decoding the Dissent to SCOTUS allowing wedding website designer to decline services to same-sex couples

In a fierce dissent to the majority decision of allowing a wedding website designer to decline services to same-sex couples, 3 SCOTUS Judges pointed out that US Constitution contains no right to refuse service to a disfavoured group and cautioned that this decision may negatively impact not only the LGBTQ+ community, but also interracial couples in future.

Case Briefs Foreign Courts

When a Canadian Court ruled that “thumbs-up” emoji constitutes a valid non-traditional means to convey acceptance of a contract

Court was also of the view that signature in a classic presentation and does denote identity and confirmation of an agreement; however, that in itself does not prevent the use of a modern- day emoji such as thumbs-up emoji.

Case Briefs Foreign Courts

Colorado’s anti-discrimination law cannot compel a wedding website designer to create expressive designs contrary to her personal beliefs on marriage: SCOTUS

The Court with a ratio of 6:3 protected the First Amendment right of the petitioner who believes in heterosexual marriages only.

Case Briefs Foreign Courts

“Equal educational opportunity is a prerequisite to achieving racial equality”: Dissenting Opinion on SCOTUS’ Affirmative Action decision

In a scathing dissent, the Judges observed that in holding that race can no longer be used in a limited way in college admissions to achieve critical benefits, the Majority has rolled back decades of precedent and momentous progress.

Case Briefs Foreign Courts

England and Wales High Court of Justice strikes out Breach of Duty Claim against YZMA Director

The allegations against the defendant related to breach of fiduciary duty, trust and statutory duties he owed as director of YZMA.

Case Briefs Foreign Courts

Race-based admission programs by Universities of Harvard and North Carolina, violates Equal Protection Clause of the 14th Amendment: SCOTUS

SCOTUS majority was of the view that Harvard’s and UNC’s admissions programs lack sufficiently focused and measurable objectives warranting the use of race and unavoidably employ race in a negative manner.

Case Briefs Foreign Courts

[Boeing 777-212] Singapore Court of Appeal explains role of Courts in evaluating factual vis à vis expert evidence for calculating damages

CoA dismisses appeal against SICC Judge’s decision regarding the calculation of damages for breach of an aircraft purchase agreement.

Case Briefs Foreign Courts

Whether Forklift is a motor vehicle under Road Accident Fund Act for road accident claims? Supreme Court of Appeal of South Africa decides

“Supreme Court of Appeal of South Africa in a claim for damages while dismissing the appeal unanimously held that a Hyster 250 forklift is not a motor vehicle as defined under the Road Accident Fund Act, 1996.”

Case Briefs Foreign Courts

[South Africa] Supreme Court of Appeal strikes down Section 6(1)(a) of South African Citizenship Act; Orders for restoration of Citizenship in absence of no express provision of dual citizenship

“Citizenship is the gateway through which a number of rights under the Constitution can be accessed. It enables a person to enjoy freedom of movement, freedom of trade and political representation. While it is true that certain rights in our Constitution adheres to South African citizens only, this court has repeatedly affirmed that arbitrary and irrational distinctions between citizens and non-citizens are inconsistent with the Constitution.”

Case Briefs Foreign Courts

[2011 Nigerian Oil Spill] UK Supreme Court unanimously rules in favour of Shell International; dismisses claims of continuing private nuisance

Supreme Court of United Kingdom: The instant cases filed against Shell International for compensation of damages resulting from 2011 oil spill, the

Case Briefs Foreign Courts

Counter-speech protecting interests of LGBTQ+ neither antithesis to public interest nor amounts to defamation; Canada SC dismisses SLAPP suit

In an anti-SLAPP ruling, Supreme Court of Canada dismissed defamation suit targeting counter counter-speech protecting rights of marginalised groups, i.e.; transgender and other 2SLGBTQ+ youth.

Case Briefs Foreign Courts

Andy Warhol Foundation’s commercial licensing of ‘Orange Prince’ to Condé Nast cannot be defended as fair use of Lynn Goldsmith’s copyrighted photo of Prince

Affirming the decision of the Court of Appeals (2nd Circuit), the Court with a ratio of 7:2 held that first fair use factor as under 17 US Code §107(1) favours Lynn Goldsmith and not AWF.

Case Briefs Foreign Courts

Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers

SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.