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France: High Court Issues Ruling on Insanity Defense

(Apr. 29, 2021) On April 14, 2020, the Cour de cassation, France’s highest court for civil and criminal matters, confirmed that defendants could not be judged under criminal law if they committed murder while in a state of delirium that eliminated (aboli) their discernment. This decision concludes a case referred to in the press as […]

Norway: Supreme Court Rules on Scope of Climate Provision in Constitution, Finds Government May Issue Exploratory Arctic Drilling Permits

(Mar. 31, 2021) On December 22, 2020, the Norwegian Supreme Court ruled that the Norwegian Constitution does not prevent the country’s government from issuing permits to explore drilling in the Arctic. (Supreme Court Decision HR-2020-2472-P (sak nr. 20-051052SIV-HRET), Dec. 22, 2020.) In doing so, the Supreme Court also established the boundaries and meaning of the […]

United Kingdom: Uber Drivers Are Workers Entitled to Employment Law Protections, Supreme Court Rules

(Mar. 17, 2021) The Supreme Court, the United Kingdom’s highest court, upheld on February 19, 2021, a ruling from the Court of Appeal that drivers who brought an employment law claim against Uber in 2016 were not independent contractors and were entitled to the protections afforded workers under U.K. employment law. The high court rejected […]

Brazil: Federal Supreme Court Decides Right to Be Forgotten Is Not Supported by Constitution

(Mar. 15, 2021) On February 11, 2021, the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) dismissed the extraordinary appeal by family members of the victim of a notorious 1958 murder who had sought redress for the reconstruction of the case on a 2004 TV show without their permission. In a ruling of “general repercussion”—one […]

Italy: Implementation of EU Legislation on Arrest Warrants

(Mar. 9, 2021) On February 2, 2021, Italy issued Legislative Decree No. 10 (L.D. No. 10) amending domestic legislation to implement a European Union (EU) standard related to the European Arrest Warrant. General Provisions on the Implementation of the EU Arrest Warrant Under the new legislation, the implementation of EU provisions for EU arrest warrants […]

Brazil: Federal Supreme Court Implements Mediation and Conciliation Center

(Feb. 25, 2021) The recently created mediation and conciliation center of the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) will hear its first dispute involving the exclusive use of the iPhone brand in Brazil. The center, which was created on August 6, 2020, through STF Resolution No. 697 (Resolução STF No. 697, de 6 […]

Italy: Supreme Court Rules on Relevance of Public Policy in Arbitration

(Feb. 19, 2021) On January 18, 2021, the Italian Supreme Court issued Decision No. 1788 concerning the grounds for invalidating a domestic arbitral award based on public policy considerations. Background of the Case A petitioner requested the Italian Supreme Court to overturn a decision by the Appellate Court of Ancona, which had rejected his petition […]

United States: Supreme Court Holds Germany Not Liable for Forced Sale of Artifacts by German Jewish Art Dealers during 1930s

(Feb. 16, 2021) On February 3, 2021, the United States Supreme Court delivered a unanimous opinion in Federal Republic of Germany v. Philipp, holding that heirs to Jewish art dealers whose relics were acquired by the German government during Nazi rule are barred from recovery in United States courts under the Foreign Sovereign Immunities Act (FSIA). […]

United States: Appeals Court Rules Property Claims out of Early 20th Century Acts of Genocide Do Not Satisfy Jurisdictional Requirements in Foreign Sovereign Immunities Act

(Feb. 5, 2021) On September 24, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s decision dismissing a complaint for lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1602 et seq. (Rukoru v. Federal Republic of Germany, No. 19-609 (2d Cir. Sept. 24, […]

Sweden: Appellate Court Declares Decision on Shared Reindeer Herding Rights Invalid

(Jan. 26, 2021) On December 16, 2020, the Appellate Court for Upper Norrland remanded the Vapsten reindeer case to the court of first instance, ordering it to rehear the case to determine which Sami group has a better right to herd reindeer in the Vapsten reindeer herding area in northern Sweden. (Appellate Court of Upper […]