Worldwide: Court Procedure

Pennsylvania’s Supreme Court has dealt a unanimous1 blow to plaintiffs’ asbestos lawyers, and potentially to plaintiffs’ lawyers in a wide range of pharmaceutical, chemical and tobacco products cases requiring scientific evidence to prove specific causation.

The Pennsylvania Supreme Court recently issued an opinion that bolsters medical device manufacturers' arsenal of defenses in design-defect products liability actions.

In an effort to avoid the impact of the completed operations aggregate limit, policyholder counsel sometimes attempt to characterize claims as (1) rip-out exposures, or (2) as relating to "abandoned or unused materials," so as to come within a common insurance policy carve-out from the Completed Operations Hazard.

In Omanovic v Shamaazi Ltd & Anor [2025] EWHC 110 (KB), the High Court held that evidence of settlement terms agreed with two claimants was inadmissible...

In a recent judgment delivered by the Gauteng Division of the High Court, the Plaintiff, a major financial institution, sought a monetary judgment against the Defendants...

In accordance with the amended definition of the 'evidence', documentary evidence has been amended to include electronic records. The term 'electronic evidence' has been given the meaning as assigned in the IT act, which means 'data, record or data generated, image or sound stored, received or sent in an electronic form or micro file or computer generated micro fiche

The Damages (Asbestos-related Conditions) (Scotland) Act 2009 (" 2009 Act") came into force on 17 June 2009 in response to the October 2007 House of Lords decision in Rothwell v Chemical Insulating Co Limited.

On 14 December 2010, the European Commission adopted a proposal for a Regulation of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the "Proposal").

On 16 December 2009 the Air Transport Association of America (ATA) and three US airlines (American, Continental and United) commenced their long-threatened action against the inclusion of aviation in the European Union Emissions Trading Scheme (ETS).

A year after the uncertainty created in the Canadian corporate debt financing world by the Ontario Court of Appeal's pensions-friendly decision in the Indalex CCAA restructuring matter, the Quebec Superior Court, in April 2012, determined in a lengthy and well-reasoned decision that the key restructuring and pensions law principles underpinning Indalex do not apply in Quebec when considering the treatment of defined benefit amortization payment and deficit claims in a restructuring.

The Federal Court of Appeal ("FCA") upheld the judicial review decision of the Federal Court ("FC") in "Livaditis v. Canada Revenue Agency".

On 10 May 2012 European Court of Justice has given a significant judgment (Santander) concerning withholding tax.