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Italy: Constitutional Court Declares Criminal Code Provision on Child Abduction Unconstitutional

(June 30, 2020) On May 29, 2020, the Italian Constitutional Court issued a decision declaring the unconstitutionality of a Criminal Code provision on the suspension of parental authority in cases of child abduction and child maintenance overseas. (Decision No. 102 of May 29, 2020.) Background of the Case At the request of the Supreme Court […]

Italy: Supreme Court of Cassation Issues Decision on Rights of Detained Persons

(June 26, 2020) On May 22, 2020, the Italian Supreme Court of Cassation (SCC) issued a decision declaring unconstitutional a provision imposing a radical ban on communication between incarcerated persons who, in accordance with Law No. 94 of July 15, 2009 and article 4-bis of Law No. 354 of July 26, 1975, are grouped together […]

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. […]

European Union: Court of Justice Rules against Poland, Czech Republic, and Hungary for Noncompliance with Migrant Relocation Obligations

(June 5, 2020) On April 2, 2020, the Court of Justice of the European Union (EU) in Luxembourg issued a judgment in Joined Cases C-715/17, C-718/17 and C-719/17, European Commission v. Poland, Hungary and the Czech Republic, finding these three countries in noncompliance with the temporary mechanism for the relocation of applicants for international protection […]

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 […]

United States: Appellate Court Orders Dismissal of Palestinian Suicide Bomb Case on Procedural Grounds

(May 27, 2020) On April 14, 2020, the Court of Appeals for the District of Columbia Circuit determined that civil claims against the Palestinian Authority and the Palestine Liberation Organization (the Palestinian defendants) by victims of a suicide bombing could not withstand a procedural challenge to personal jurisdiction. (Shatsky v. Palestine Liberation Org., No. 17-7168, […]

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, […]

France: Court Orders Amazon France to Limit Its Activity to Sale of Essential Items

(May 5, 2020) On April 14, 2020, the Tribunal Judiciaire (Trial Court) of Nanterre ordered the French subsidiary of Amazon to limit the activities of its warehouses to processing only orders for items that were essential in coping with the COVID-19 pandemic. Essential items were defined as food, hygiene, and medical products. The court gave […]

Brazil: Mayor of Rio de Janeiro Makes Use of Face Masks Mandatory

(Apr. 30, 2020) On April 18, 2020, the mayor of the City of Rio de Janeiro enacted Decree No. 47,375, which makes it mandatory for persons to wear nonprofessional face masks in the city, especially when using public or private means of transportation and performing work activities in shared environments in both the public and […]