Boodle Hatfield LLP acted for Mr Thwaytes in his claim against fine art auctioneers Sotheby's. Judgment was handed down on 16 January 2015. You can read it in full here.

The facts

Mr Thwaytes inherited The Cardsharps ("the Painting") from his second cousin, who had previously purchased The Musicians by Caravaggio. The Painting is of the same composition as a painting in The Kimbell Art Museum in Fort Worth ("the Kimbell Card Sharps"), which is believed to be an original work by Caravaggio. The Kimbell Card Sharps was discovered by Mina Gregori in 1987 and subsequently attributed to Caravaggio by Sir Denis Mahon.

Read more: Thwaytes v Sotheby's [2015] EWHC 36 (Ch)


By: Keith Whitson and Ira Richards

Since the Supreme Court's decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did not, however, articulate what standard should be applied in evaluating such testimony. Most courts now recognize that the standards of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), must be addressed in some form before the class can be certified, but courts differ on whether a "full" Daubert analysis is required, or whether some lesser analysis is permissible. In In re: Blood Reagents Antitrust Litigation, No. 12-4067 (3d Cir. April 8, 2015), the United States Court of Appeals for the Third Circuit required what appears to be a full, rigorous analysis where opinion testimony relates to a requirement for certification.

Read more: Third Circuit Weighs in on Application of Daubert at Class Certification Stage


By: Assoc. Prof. H. Murat Develioglu

Introduction

In the event that more than one person is liable for the same damage, the relationship between the injured party and the liable persons – referred to as the “exterior relationship,” – and the relationship between the liable persons - are regulated differently under the abrogated Code of Obligations (“aCO”) numbered 818 and Turkish Code of Obligations (“TCO”) numbered 6098. Below, the liability of more than one person will be dealt with and, then, the differences under the said two codes will be explained. 

Read the entire article.

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By: Prof. Dr. H. Ercument Erdem

Introduction

The Court of Arbitration for Sports (“CAS”) is an independent institution established to provide dispute settlement through mediation or arbitration for any sports-related disputes. The Statutes of Bodies Working for the Settlement of Sports-Related Disputes (“Statutes”) foresees two bodies in Article S1, the International Council of Arbitration for Sports (“ICAS”) and the CAS - both bodies are seated in Lausanne, Switzerland. The CAS is administered and financed by the ICAS.
The CAS adapted its own Procedural Rules (“Rules”)[2].

Read more: A General Overview on Court of Arbitration Sports’ Rules


By Carl A. Solano and Roberta A. Barsotti

For several years, Pennsylvania judges, lawyers, and (even) rulemakers have struggled to define when an order entered in an Orphans’ Court proceeding is immediately appealable. The issue, of course, is critical, because failure to take a timely appeal from such an order may forfeit all appellate rights, and (assuming that was not the party’s intent) such a failure may then lead to a malpractice action against the party’s lawyer. Defining an appealable Orphans’ Court order thus requires clear rules.

Read more: Recent Superior Court Decision Underscores Difficulty and Need for Caution When Determining...