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Netherlands: Legislation on Compensation for Emotional Distress

(July 29, 2015) The Netherlands Minister for Security and Justice has submitted draft legislation to the Dutch House of Representatives (Tweede Kamer) to provide for compensation for emotional distress arising from serious accidents and crimes. The proposed law would compensate the next of kin of victims who have died, and the dependents of victims who […]

Italy: Civil Liability of Judges

(Apr. 9, 2015) Italy has approved new legislation on the civil liability of judges. (Law No. 18 of February 27, 2015, on Civil Liability of Magistrates, GAZETTA UFFICIALE (G. U.) No. 52, NORMATTIVA, amending Law No. 117 of April 13, 1988, Indemnification of Damages Caused in the Exercise of Judicial Functions and Civil Liability of […]

Israel: Court Decision in the Matter of Rachel Corrie’s Death

(Sept. 19, 2012) On August 28, 2012, the Haifa District Court rejected a civil suit brought by the estate of Rachel Corrie, an American pro-Palestinian International Solidarity Movement activist. Corrie was killed on March 16, 2003, after being struck by a bulldozer while standing in its path during the Israel Defense Force’s (IDF) operation at the “Philadelphi […]

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 […]