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No cause of action against employers for take-home COVID

At the Lectern

” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Superior Court (2021) 73 Cal.App.5th ” The opinion does, however, leave unaddressed some issues that could change the bottom line. .”

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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. All three of Smith’s claims will now proceed to what may the be first full climate tort claim in a common law jurisdiction.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. Well, give it enough time and someone will prove you wrong.

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United Kingdom Supreme Court confirms that consequential loss satisfies the tort gateway for service out of the jurisdiction

Conflict of Laws

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? This post is written by Joshua Folkard, Barrister at Twenty Essex. Background.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma. Decedent himself ultimately accepted a settlement in lieu of further litigation. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. … In Welch v. Welch , No.