Litigation

Enforcement in Quebec of Foreign Judgments: Restraint Is in Order With Abusive Clauses

Quebec law allows for the recognition and enforcement of judgments rendered by foreign courts. Although these decisions are rendered according to foreign laws, can or must Quebec courts take into consideration the Quebec and Canadian public order principles in deciding whether to recognize such judgments?

In Awanda c. AMBC Ventures Inc., 2022 QCCA 1133, the Court of Appeal had the opportunity to answer this question.

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Pennywise and Pound Foolish: Default Judgment Entered Against Trade Secret Defendants as a Sanction for Inadequate E-Discovery

“The law is not a game, and . . . civil discovery is not a game of hide and seek. The decision in this case should encourage litigants to understand that it is risky business to recklessly or deliberately fail to produce documents, and perilous to disobey court orders to review and, if necessary, supplement prior productions. It is in the interests of the administration of justice to default [defendants] to send those messages.”

So said United States District Judge Mark L. Wolf in a 72-page decision in which he entered a default judgment as a sanction in a trade secret case against the defendants for what he referred to as “extreme misconduct.” Memorandum and Order on Plaintiff’s Motion for Sanctions, Red Wolf Energy Trading, LLC v. BIA Capital Mgmt., LLC, et al., C.A. No. 19-10119-MLW (D. Mass. Sept. 8, 2022).

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CASH-FLOW AND DEBT RECOVERY IN UNCERTAIN ECONOMIC TIMES

Just today, economists at Citi, the American bank, have forecast that the rate of UK inflation will peak at 18.6% in January 2023. This has serious ramifications for business and individuals alike. With wages simply unable to keep pace with the soaring rate of inflation, individuals will have less disposable income to spend on new purchases and to pay off existing debts. This is why companies should be alert to the looming crisis and ensure that they have robust cash flow management and debt recovery procedures in place, especially as we head into winter when the impact of the crisis will be worst. Read more…

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“What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action

On August 12, 2022, in Palmer v. Teva Canada Ltd., 2022 ONSC 4690, the Ontario Superior Court of Justice dismissed an application for authorization to bring a class action against the manufacturers of a hypertension drug sold under the generic name of valsartan.

The application was filed in 2018, a few days after the manufacturers of valsartan had recalled numerous batches of the medication following their contamination, during the production, by two molecules identified as potentially carcinogenic.

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PROPERTY AND BUSINESS INTERRUPTION INSURANCE IN LIGHT OF COVID-19

As countless business interruption claims have been asserted with limited success, companies should consider directing their focus to improving and enhancing their insurance policies to ensure coverage would apply to future pandemic scenarios.

COVID-19 Related Insurance Claims

In Studio 417 Inc. et al v. Cincinnati Insurance Co., the U.S. District Court in the Western District of Missouri denied a motion to dismiss the claim by the defendant against a group of hair salons and restaurants suing their insurer for business interruption losses caused by the pandemic, which they say resulted in a “direct physical loss” to their premises. Read more…

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Will Virtual Jury Trials be part of the “New Normal” Ushered in by the COVID-19 Pandemic?

Just a few months ago, the idea of a virtual jury trial probably seemed inconceivable to most judges and lawyers.  Now, with the COVID-19 pandemic shuttering courthouses throughout the nation and most in-person proceedings suspended, many judges and attorneys are left wondering when and how civil jury trials will be able to safely resume.  We suspect that most prospective jurors will not be enthralled with the idea of sitting shoulder to shoulder in a jury box while the outbreak is still raging.  As litigators and the courts become comfortable with Zoom and other videoconferencing tools, it is apparent that we have the technology to hold virtual trials – the questions is should we?

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Securing a foothold for a successful rebound from the economic effects of COVID-19

How well prepared are Ireland’s banks for COVID-19?

Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures. Irish banks seem to be in a better position facing into the current pandemic crisis as compared to their position entering the 2008 Global Financial Crisis. A number of strategies and policies will assist the Irish banks to weather the storm and assist our economy.  [Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures]Read here.

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Time Does Not Stand Still for Litigants

In light of the ongoing coronavirus pandemic, with many law firms working remotely and going “virtual”, as well as the Irish Court system being effectively closed, save for urgent matters, legal practitioners and their clients should be particularly mindful of the consequences of delay in relation to progressing legal proceedings.

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Inoculating Against Wage and Hour Class Litigation Related to COVID-19

During the Covid-19 pandemic, companies should focus in the first instance on health and safety issues for workers, customers, and the public at large during a pandemic, but they cannot lose sight of the wage and hour risks that are lurking in these challenging times.

For a staggering number of U.S. businesses over the past several weeks, the early and middle part of 2020 will look something like this:

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The Supreme Court encourages courts to follow his example and hold trials online

In view of the ruling of the Presidium of the Supreme Court of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation from March 18, 20201 Russian courts have been working in a new “self-isolated” regime for just over a month. Personal reception of citizens in courts is suspended, it is recommended to submit documents through electronic reception of courts, and courts are considering only certain categories of cases.

The Supreme Court has already drawn up the results of the first month of work in the new regime2. From March 18 to April 20, 2020 the courts received 225.2 thousand documents in electronic form – this is one and a half times or 77.3 thousand documents more than for the same period of the previous year. More than 286 million times, citizens have used the state automation system “Pravosudiye” (Justice). Also by the end of May a system of online familiarization with case materials is planned to be introduced in all commercial courts of all instances3.

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