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Case against deceased defendant time-barred.

Day on Torts

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

July 16, 2021), plaintiff and defendant were brother and sister. In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn.

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Guest Commentary: New Italian Constitutional Reform: What it Means for Environmental Protection, Future Generations & Climate Litigation

ClimateChange-ClimateLaw

In 2021, the German Federal Constitutional Court ruled in favor of the petitioners and struck down parts of Germany’s climate law as incompatible with fundamental rights for failing to set sufficient provisions for emissions cuts beyond 2030. In Neubauer, et al.

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Conflict of Laws - Untitled Article

Conflict of Laws

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

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Shell litigation in the Dutch courts – milestones for private international law and the fight against climate change

Conflict of Laws

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. All claims addressed in the Court of Appeal ruling of 29 January 2021 are assessed according to Nigerian law.

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Second Circuit Refutes Allegations Involving Law Clerk in Mediaite, Above the Law, and Other Publications

JonathanTurley

On October 5, 2021, the site Above the Law ran a story by Senior editor Kathryn Rubino about what she described as a vehemently racist law student who was given a prestigious clerkship by William H. chief judge of the United States Court of Appeals for the Eleventh Circuit. Reader’s Digest Association , 443 U.S. 157, 168 (1979).

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