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Norway: Supreme Court Rules It Has Universal Jurisdiction over Foreigners’ Prior Terrorist Acts Abroad

(July 16, 2020) On June 26, 2020, the Norwegian Supreme Court ruled that Norwegian courts may exercise universal jurisdiction over crimes of terrorism and that foreigners may thus be sentenced in Norway for terrorism crimes they committed before arriving in the country. (Supreme Court Decision Case No. HR-2020-1340-A.) Facts of the Case The defendant, a […]

United States: Welsh Government Not Immune from Copyright Lawsuit for Using Dylan Thomas Photos in Tourism Ads

(June 23, 2020) On June 8, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court decision that the Welsh government is not immune under the Foreign Sovereign Immunities Act (FSIA) from a private lawsuit alleging claims of copyright infringement because of the commercial-activity exception to the FSIA. (Pablo Star Ltd. […]

United States: Supreme Court Rules Victims of State-Sponsored Terrorism May Recover Punitive Damages under Foreign Sovereign Immunities Act

(June 2, 2020) On May 18, 2020, the U.S. Supreme Court unanimously held that the Republic of Sudan could be held liable for $4.3 billion in punitive damages related to state-sponsored acts of terrorism that occurred in 1998. (Opati v. Republic of Sudan, No. 17-1268 (May 18, 2020).) Case History In 1998, al-Qaida orchestrated simultaneous […]

Norway: Supreme Court Overrules Detention Order Issued Following Remote Proceedings

(May 14, 2020) On May 8, 2020, the Supreme Court of Norway overturned a decision to detain a man suspected of attempted murder because the pretrial detention hearing had been conducted remotely. (Supreme Court Decision HR-2020-972-U (sak nr. 20-065997STR-HRET).) To limit the risk of spreading COVID-19, the court of first instance conducted an initial pretrial […]

Italy: Supreme Court of Cassation Addresses Required Evidence in Corporate Shareholder Claims

(May 12, 2020) On February 19, 2020, the Italian Supreme Court of Cassation (SCC) clarified the evidence a corporate shareholder must present to prove a claim for repayment from the corporation. (Decision No. 4261 of February 19, 2020 (Decision).) Background of the Case The SCC reviewed a case submitted by the Appellate Court of Lecce, […]

New Zealand: Court of Appeal and Supreme Court Issue Protocol for Remote Hearings During COVID-19 Restrictions

(Apr. 28, 2020) On April 17, 2020, the Chief Justice of the New Zealand Supreme Court and the President of the Court of Appeal issued a protocol that will apply to remote hearings of the two courts while the country is subject to various restrictions in response to the COVID-19 pandemic. The country entered “Alert […]

United States: Supreme Court Clarifies Standard for Determining Child’s Country of Habitual Residence, Affirms Return of Child to Italy

(Mar. 5, 2020) The U.S. Supreme Court recently endorsed a “totality of the circumstances” test for determining a child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The Court also held that a trial court’s determination of habitual residence is entitled to deferential appellate review and should […]

Italy: Reform of Statute of Limitations in Criminal Cases (“Bonafede Reform”) Takes Effect

(Feb. 21, 2020) On January 1 2020, article 1 of Law No. 3 of January 9, 2019 (Legge 9 gennaio 2019, n. 3) (Law No. 3)—named the “Bonafede reform” after Italian Minister of Justice Alfonso Bonafede—entered into force. The provision amends article 159, paragraph 2 of the Criminal Code to introduce a controversial suspension of […]

Egypt: Court Grants Christian Woman Share of Father’s Estate Equal to Share of Her Two Brothers

(Jan. 9, 2020) On November 25, 2019, the Cairo Court of Appeal granted a Christian woman a share of her late father’s inheritance equal to that of her two male brothers. The plaintiff had argued that, as a Coptic Christian, she should not be subject to Islamic law in matters related to family law. She […]

Norway: Supreme Court Finds Passive Father Responsible for Aiding and Abetting Mother’s Physical Abuse of Children

(Dec. 30, 2019) On November 27, 2019, the Norwegian Supreme Court affirmed the conviction of a man for aiding and abetting the gross abuse of a dependent by neglecting to protect the children from their abusive mother, and increased the sentence from two years and six months’ imprisonment to three years’ imprisonment. (Norwegian Supreme Court, […]