Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 15, 2021), plaintiff was a former firefighter who had initially been denied Line of Duty (LOD) disability benefits by the defendant City’s Pension Board.

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Tort Contract Court Administrative Law 59

At the Lectern

JULY 21, 2022

Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” The court added that if the remedies it approves “are problematic as a matter of policy, the Legislature can be expected to amend the statute accordingly.” ” (See here.).

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Statute Tort Contract Court 49

JonathanTurley

OCTOBER 31, 2021

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. See Pennsylvania General Assembly Statute §7102.

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Tort Litigation Litigating Manufacturing 38

Conflict of Laws

DECEMBER 12, 2021

The XXIInd volume of the Yearbook of Private International Law (2020/2021) has been released. The National reports section hosts articles on the new Croatian and Uruguayan Private International law Statutes. Thanks to Ilaria Pretelli for the tip-off. . add to this already rich volume.

Laws 52

Laws Divorce Tort Statute 52

Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 59

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

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Tort Statute Attorney Court 59

ClimateChange-ClimateLaw

APRIL 9, 2021

13, 2021); County of Maui v. In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. 22, 2021), In re Exxon Mobil Corp. , City of New York v. BP p.l.c. , 18-2188 (2d Cir.

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Court Statute Litigation Litigating 115

Day on Torts

AUGUST 2, 2021

July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. Pursuant to the language of the statute, the trial court had held that plaintiffs’ claims could not proceed because they were based on allegations of reckless conduct. In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn.

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Tort Cause of Action Statute Court 59

JonathanTurley

OCTOBER 30, 2022

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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Tort Litigation Litigating Manufacturing 37

Day on Torts

DECEMBER 20, 2021

10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma. Note: Chapter 108, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Welch v. Welch , No. M2021-00081-COA-R3-CV (Tenn.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

Day on Torts

JANUARY 15, 2022

The homeowner appealed arguing that, in limiting her recovery to $3,600, the trial court interpreted the statute too narrowly. Because the trial court properly interpreted the statute, we affirm the trial court’s decision. Permission to Appeal Granted: April 7, 2021. Appellants’ Briefs Filed: May 5, 2021.

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Court Tort Statute Lawyer 59

ClimateChange-ClimateLaw

JULY 2, 2021

June 15, 2021). June 16, 2021). On June 14, 2021, the U.S. On June 23, 2021, Chevron Corporation filed notice in the district court of its voluntary dismissal of third-party complaints against the energy company Equinor ASA (formerly Statoil ASA). June 14, 2021). June 28, 2021). Louisiana v. Biden , No.

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Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. May 17, 2021). May 24, 2021).

Court 42

Court Statute Government Litigation 42

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

On January 19, 2021, the D.C. On January 15, 2021, the D.C. On February 1, 2021, the federal district court for the District of Alaska denied motions for preliminary relief barring certain construction activities related to a major oil and gas development project in the National Petroleum Reserve in Alaska (NPR-A). 19-1140 (D.C.

Court Reporting 55

Court Reporting Court Construction Government 55

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. Code Ann. §

Statute 59

Statute Cause of Action Court Rules Diligence 59

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. He based his claim on tort. The plaintiff argued that the producer of the car had used illegal software to manipulate the results of the emissions tests.

Contract 52

Contract Tort Court Litigation 52

Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. However, with regard to torts and antitrust claims there are rules of interpretation arising from Art. 1 Brussels Ia Regulation/Art. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 71

Contract Laws Court Statute 71

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. LSEW adopted a similar resolution in 2021. John Kerry, then U.S.

Lawyer 123

Lawyer Lawyers Law Firm Law Firms 123

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 58

Laws Contract Statute Construction 58

Day on Torts

APRIL 29, 2021

April 20, 2021), plaintiff was treated by defendant for cancer on her nose. She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.”

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Tort Cause of Action Statute Court 59

Conflict of Laws

MAY 18, 2023

The Nigerian landowners’ claim against Shell was thus barred by the limitation periods under applicable Nigerian law ( Jalla and another v Shell International Trading and Shipping Company and another [2023] UKSC 16 , on appeal from [2021] EWCA Civ 63 ). The case at hand is an appeal on a part of an earlier rulings.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Conflict of Laws

MARCH 23, 2024

Rademacher then analysed whether punitive elements could be found in German tort law. through the Law Reform Act 1934 and the Competition Act 1998), this has not prevented English courts from awarding punitive damages for common law torts such as defamation and trespass to the person, as has been established in Rookes v.

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Punitive Damages Compensatory Damages Tort Civil Law 58

Conflict of Laws

MAY 12, 2022

What one system characterises as an issue for the proper law of the contract could be treated as an issue for a forum statute in another. In Australia, an Online Safety Act was passed in 2021, which provided an ‘existing Online Content Scheme [with] new powers to regulate illegal and restricted content no matter where it’s hosted’.

Laws 98

Laws Statute Litigation Litigating 98

At the Lectern

JULY 6, 2023

The court also holds that California’s worker’s compensation statutes don’t bar the action. Superior Court (2021) 73 Cal.App.5th ” “[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. .”

Cause of Action 45

Cause of Action Tort Court Construction 45

Conflict of Laws

JANUARY 10, 2022

6] In England, the dual challenge of jurisdiction and collective actions in a mass privacy infringement claim has presented itself before the English Courts, first in Vidal-Hall v Google before the Court of Appeal in 2015 [7] and in the Supreme Court judgment of Google v Lloyd in November 2021 [8].

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Tort Litigation Litigating Finance 75

Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” 323, 349 (1974); see also Restatement of Torts §559 (1938).

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Court Cause of Action Tort Punitive Damages 52

Day on Torts

AUGUST 9, 2021

July 16, 2021), plaintiff and defendant were brother and sister. Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. Code Ann. §

Divorce 59

Divorce Cause of Action Statute Diligence 59

LettersBlogatory

AUGUST 23, 2021

In Nestlé , the court held that a “triple-foreign” claim (a foreign plaintiff asserting that a foreign defendant injured him in a foreign country) cannot proceed under the Alien Tort Statute, even if the claim is that a US company aided and abetted the wrong. Credit: Cramos (CC BY-SA). The case of the day is Scalin v.

Cause of Action 52

Cause of Action Statute Tort Court 52

Day on Torts

AUGUST 12, 2021

July 15, 2021), plaintiffs filed an HCLA suit against defendant doctor based on treatment surrounding the birth of minor plaintiff. WTMG is a governmental entity under the definitions in the Governmental Tort Liability Act. In Braylon W. Walker , No. W2020-00692-COA-R3-CV (Tenn.

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Tort Court Statute Contract 59

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The source was Lev Parnas, a dubious character and long-time associate of Rudy Giuliani.

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Tort Cause of Action Laws Court 32

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. CVSG: 5/25/2021. CVSG: 5/25/2021. Cummings v. Premier Rehab Keller P.L.L.C. ,

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Compensatory Damages Government Court Cause of Action 85

Day on Torts

APRIL 27, 2021

April 15, 2021), plaintiff was asked to leave the Nashville airport by airport police officers. Code Ann.] § 29-20-205(2).” In Nichols v. Metropolitan Nashville Airport Authorit y , No. M2020-00593-COA-R3-CV (Tenn. internal citations omitted).

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Tort Statute Court Government 45

JonathanTurley

DECEMBER 15, 2021

“[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes. 2021); Torrey v. See Giuffre v. Dershowitz , No. 19-cv-03377-LAP (S.D.N.Y. See, e.g., PB-36 Doe v. Niagara Falls City Sch.

Statute 36

Statute Tort Laws Court 36

ClimateChange-ClimateLaw

APRIL 23, 2021

On April 1, 2021, a unanimous Second Circuit panel dismissed a lawsuit filed by New York City against a handful of fossil fuel companies seeking damages for climate change harms under state public nuisance and trespass law. Indeed, the plain meaning of the statute, its structure, and its purposes all support the Second Circuit’s conclusion.

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Statute Laws Court Court Decisions 98

LettersBlogatory

NOVEMBER 8, 2021

The noncommercial tort exception expressly excludes claims for abuse of process, but Khochinsky had an interesting argument: on the one hand, the DC Circuit said there was no implied waiver because extradition did not involve a judicial request but an executive, diplomatic request, noting that Poland was not even a party to the US extradition case.

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Tort Statute Court Government 40

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. COVID vaccination mandates and mootness In 2021, President Joe Biden issued an executive order requiring federal executive branch employees to be vaccinated against COVID-19 as a condition of employment, subject to religious and medical exemptions. Nelson ,…517 U.S.

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Laws Court Personal Injury Tort 82