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   2008 International Law Update, Volume 14, Number 9 (September)

Browse the articles in this issue.




  • CHOICE OF LAW (LIMITATIONS OF ACTIONS)
    Plaintiff, Nova Scotia resident injured in Wyoming auto accident where limitations law requires filing suit within four years of accident sued U.S. residents in own provincial court where Plaintiffs (unlike in Wyoming) may commence civil actions merely by filing complaint; Nova Scotia Court of Appeal rules that suit was timely since Plaintiff had filed his pleadings in compliance with Nova Scotia procedural rules within four years of collision in obedience to Wyoming substantive law
  • DEFAMATION
    In libel action by parental opponent of gay rights curriculum in British Columbia schools against radio “shock jock” who seemed to compare her to historic rabble rousers as Hitler, George Wallace, Orval Faubus and others, Canadian Supreme Court upholds judgment for Defendants based on “fair comment” defense
  • INSURANCE
    House of Lords panel reverses Court of Appeal, ruling that Illinois nonprofit international umbrella company is covered for default and collapse of Parmalat, Italian member company, under accountants’ indemnity policy specifically covering its ninety three member companies
  • SECURITIES FRAUD
    In case concerning extraterritorial application of U.S. Rule 10b, Second Circuit encounters “foreign cubed” securities action for first time and rules that actions by Australian bank as to American company did not require application of Rule 10b to its actions
  • VIENNA CONVENTION
    In case of Nigerian national convicted of heroin distribution, Seventh Circuit holds that Defendant is entitled to evidentiary hearing on his petition for writ of Habeas Corpus based upon ineffective assistance of counsel, where his attorney had neglected to raise issue of Government’s failure to inform Defendant of his right to consular assistance under Article 36 of Vienna Convention on Consular Relations





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