Day on Torts
NOVEMBER 7, 2022
Plaintiff sent defendant pre-suit notice of his claim on August 28, 2021, then filed this complaint on November 18, 2021, asserting that defendant’s “negligence caused [patient] to develop pressure ulcers, skin impairment, and infection…” Defendant filed a motion to dismiss, arguing that the suit was filed outside the statute of limitations.
Conflict of Laws
JUNE 7, 2022
This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).
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Conflict of Laws
APRIL 12, 2023
If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. In 2021, the Hague District Court ordered Shell to reduce both its own carbon emissions and end-use emissions by 45% by 2030 in relation to the 2019 figures. of the decision).
Day on Torts
MARCH 30, 2021
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.
ClimateChange-ClimateLaw
APRIL 8, 2022
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.
Conflict of Laws
AUGUST 3, 2023
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.
Day on Torts
AUGUST 9, 2021
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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