Foreign Courts Archives

frozen embryos cryogenic nursery children Alabama

Embryos kept in a cryogenic nursery are “children” as per Alabama’s Wrongful Death of a Minor Act: Supreme Court of Alabama

The Court held that Wrongful Death of a Minor Act provides a cause of action for the death of any “minor child,” without exception or limitation, which means it also includes frozen embryos.

joe biden genocide military aid gaza conflict israel

Case Briefs Foreign Courts

US District Court dismisses suit against President Joe Biden vis-à-vis military & financial aid to Israel in the ongoing Gaza conflict on jurisdictional grounds

The Court however implored the US Government to examine the results of their unflagging support of the military siege against the Palestinians in Gaza especially in backdrop of ICJ’s finding that it is plausible that Israel’s conduct amounts to genocide.

Case Briefs Foreign Courts

US Court of Appeal upholds ban on sale of Apple watch over patent dispute on blood oxygen level measuring technology

Masimo Corporation and Cercacor Laboratories, Inc., a medical technology company alleged the iPhone giant Apple Inc. of violating Section 337 of the Tariff Act, 1930.

Case Briefs Foreign Courts

Supreme Court of Western Australia permits a 62-year-old woman to remove and store sperm and associated tissue from her deceased husband’s body

The Court clarified that the order is limited to permitting the removal of the spermatozoa and does not constitute authorisation for the spermatozoa to be used by the applicant.

Case Briefs Foreign Courts

“Inventor within the meaning of Patents Act, 1977 must be a natural person”; UK SC upholds Comptroller’s refusal to regard DABUS the AI Machine as ‘inventor’

The Court unanimously stated that the Comptroller was right in determining that the appellant was not entitled to apply for the patents simply by his ownership of DABUS.

Case Briefs Foreign Courts

High Court of Justice upholds challenge to arbitral award of 11 billion USD against Nigeria vis-à-vis Gas Supply and Processing Agreement

The Court termed this case to be highly unusual one that draws attention to matters of wider importance and touches the reputation of arbitration as a dispute resolution process.

Case Briefs Foreign Courts

Danish Parliament passes new legislation outlawing desecration of holy texts

The law was adopted in a 94-77 vote and will be enacted when Denmark’s figurehead monarch Queen Margrethe will formally sign the legislation.

Case Briefs Foreign Courts

‘Rwanda Policy’ for asylum seekers held unlawful; UK Supreme Court upholds decision of Court of Appeal

The Supreme Court took the decision to uphold the Court of Appeal’s findings regardless of the political debates surrounding the Rwanda Policy.

Case Briefs Foreign Courts

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.