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Israel: Defamation of IDF Soldiers as a Group Not a Ground for Civil Action

(Aug. 3, 2011) On July 27, 2011, the Supreme Court of Israel rejected an appeal of the Tel Aviv District Court's earlier rejection of a defamation suit for the wrong portrayal of Israel Defense Forces' actions in the movie Jenin-Jenin. The movie was directed and produced by Muhammad Bachri. According to the Court, it included […]

India: Convention on Supplementary Compensation for Nuclear Damage Signed

(Oct. 29, 2010) India signed the Convention on Supplementary Compensation for Nuclear Damage on October 27, 2010. Dubbed in the Indian press as a “significant step” that will enable India to conduct nuclear commerce, the action is viewed by some commentators as an attempt to ally concerns voiced by U.S. companies about India's newly enacted […]

South Korea: Domiciliary Intent Matters When Computing Lost Wages in a Foreigner’s Wrongful Death Claim

(Sept. 3, 2010) Two recent decisions by the Seoul High Court (an intermediate-level appellate court) ruled that the domiciliary intent of a foreigner who had been wrongfully killed in South Korea must factor into the calculation of his or her lost wages in the awarding of wrongful death compensation to the surviving family. In a […]

Russia: Court Rules Against Book Reviewers

(May 11, 2009) On April 23, 2009, a federal district court in the southern Russian province of Dagestan issued an unprecedented ruling, ordering a journalist of a local newspaper to pay compensation in an amount equal to US$1,000 to a writer who did not like a review of his book published in the newspaper. The […]

United States: Federal Approval of Drug Label Does Not Preempt State Failure-to-Warn Claim

(Mar. 16, 2009) On March 4, 2009, the Supreme Court ruled that the U.S. Food and Drug Administration's (FDA) approval of a drug's labeling does not preempt a state duty-to-warn tort claim. Diana Levine, a professional musician, had Phenergan, an antihistamine manufactured by Wyeth, administered to her by the “IV-push” method. The drug entered an […]

Thailand: First Product Liability Law Coming into Force

(Feb. 5, 2009) On February 20, 2009, Thailand's Liability for Damages Caused by Unsafe Goods Act B.E. 2551 will enter into force. The country's first product liability law, the Act is described as “groundbreaking legislation as it empowers the court, for the first time, to grant punitive damages to injured parties. “Thailand – Product Liability […]

United States: California Supreme Court Addresses Immunity of Good Samaritans for Injuries Suffered During Rescues

(Jan. 16, 2009) The California Supreme Court recently addressed when a “good Samaritan” rescuer is liable for injuries occurring during a rescue. The litigation arose from a car accident that occurred after some Halloween night partying in the early morning of November 1, 2004. The driver of the car in which the plaintiff, Alexandra Van […]

United States: Supreme Court Reaffirms That Federal Law Allows State Fraud Claims Against Tobacco Companies

(Dec. 22, 2008) On December 15, 2008, the U.S. Supreme Court held that federal law does not preempt a state court lawsuit claiming that cigarette manufacturers violated state unfair trade practices law by fraudulently conveying the message in their advertisements that “light” cigarettes are less harmful than regular cigarettes. The Federal Cigarette Labeling and Advertising […]

Nigeria: Asset Forfeiture Bill Proposed

(Sept. 25, 2008) It was reported on September 19, 2008, that the Nigerian Economic and Financial Crimes Commission has proposed a draft bill that establishes a civil legal regime for reclaiming unlawfully acquired public or private property. Under this bill, an application for forfeiture of illegally acquired assets could be brought before the appropriate court […]

Nepal: Accident Victim Compensation in Disarray

(Dec. 2, 2007) Street justice, in the form of obstruction of vehicular traffic to press for higher compensation, has in recent months come to determine the amount paid to "third party" victims, as a result of contradictory provisions in Nepal's laws on compensation for accident victims. Reportedly, "the more pressure the victim's party is able […]