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France: High Court Rejects Complaint Against Insulting Caricature of Politician Marine Le Pen

(Nov. 19, 2019) On October 25, 2019, the Cour de cassation (France’s highest court for matters of civil and criminal law) ruled that a caricature of Marine Le Pen, a member of the French Parliament and leader of the far-right party National Rally (formerly National Front), constituted a legal exercise of free speech under French […]

Brazil: Superior Tribunal of Justice Rules Uber Drivers Do Not Have a Labor Relationship

(Oct. 1, 2019) On September 4, 2019, a decision issued by the Superior Tribunal of Justice (Superior Tribunal de Justiça, STJ) determining that Uber drivers do not have ­­ labor relationship and therefore cannot claim rights in labor courts was published in Brazil’s official gazette. (STJ, Conflito de Competência No. 164.544 – MG (2019/0079952-0).) The […]

Denmark: Supreme Court Upholds Conviction of Danish Citizen for Illegal Presence in Syria

(Sept. 18, 2019) On August 27, 2019, the Danish Supreme Court sentenced a Danish citizen for unlawful presence in al-Raqqa, Syria, while fighting against the Islamic State (ISIS). The Court thereby affirmed the appellate court decision, finding that the citizen’s presence violated section 114 j of the Danish Criminal Code. (Supreme Court Case No. 27/2019, […]

United States: New York State Appellate Court Upholds Order for Return of Nazi-Looted Art

(Aug. 22, 2019) On July 9, 2019, the New York Appellate Division upheld a lower court’s decision ordering defendant Richard Nagy to return two pieces of art to the heirs of Fritz Grunbaum, a Jewish Viennese performance artist and art collector who was imprisoned and murdered by Nazis during the Holocaust. (Reif v. Nagy, No. […]

Norway: Supreme Court Rules on Production of Electronic Evidence in Civil Disputes

(July 25, 2019) On May 28, 2019 the Supreme Court of Norway ruled that parties to a civil dispute could be requested to produce digital documents only if the request is sufficiently specific and includes only relevant evidence, and the cost of producing the evidence is proportional to the value of the dispute. (Norges Høyesterett […]

United States: Federal Appellate Court Restores Lawsuit Against French Bank by Victims of Sudanese Regime’s Atrocities

(June 6, 2019) The US Court of Appeals for the Second Circuit recently revived a tort lawsuit brought by victims of the Sudanese regime’s atrocities against BNP Paribas (BNPP), a French bank convicted in 2015 of evading US sanctions on Sudan.  (Kashef v. BNP Paribas SA, No. 18-1301 (2d Cir. 2019) (Kashef), US Court of […]

Italy: Law Regulating Duration of Administrative Processes Ruled Unconstitutional

(May 17, 2019) On February 6, 2019, the Italian Constitutional Court declared article 54, paragraph 2 of Decree-Law No. 112 of June 25, 2008 unconstitutional because the provision establishes an excessive duration for administrative procedures. In its decision, the Court highlighted that all legal procedures must have a reasonable duration. By declaring this provision unconstitutional, […]

Hong Kong: Court of Appeal Declines to Issue Sentencing Guidelines for Animal Cruelty Cases

(Apr. 30, 2019) In a judgment dated April 4, 2019, Hong Kong’s Court of Appeal turned down a Department of Justice prosecutor’s request to increase punishments for an animal abuser and declined to issue sentencing guidelines for animal cruelty cases. (Chris Lau, Punishment for Animal Abuse Should Not Be Strengthened Say Hong Kong Judges, As […]

United States: Federal Appellate Court Rejects Suit to Hold Bank Liable for Soldier’s Death by Iranian Explosive in Iraq

(Jan. 2, 2019) The US Court of Appeals for the Seventh Circuit recently affirmed a lower court’s decision to dismiss plaintiff Rhonda Kemper’s complaint against Deutsche Bank (the Bank) for failure to state a claim under 18 U.S.C. § 2333, commonly referred to in judicial opinions as the Anti-Terrorism Act (ATA). (Kemper v. Deutsche Bank […]

United States: Federal Appellate Court Orders That Siblings Wrongfully Removed to United States Be Returned to Panama

(Nov. 28, 2018) On November 20, 2018, the US Court of Appeals for the Eleventh Circuit ordered that two ten-year old siblings who were wrongfully removed by their mother to the United States four years ago be returned to Panama. (Fernandez v. Bailey, No. 16-16387 (11th Cir. 2018) (Fernandez 2018), US Court of Appeals for […]