Day on Torts

APRIL 15, 2022

M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. April 7, 2022, plaintiff filed suit against twelve defendants after she placed her child for adoption at birth but subsequently changed her mind. Plaintiff argued that the statute did not apply to Ms. Plaintiff argued that the statute was not applicable here, as Ms.

Statute 59

Statute Attorney Cause of Action Court 59

SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

Government 84

Government Statute Cause of Action Litigation 84

Patently O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. That case is now on appeal.

Statute 79

Statute Cause of Action Court Laws 79

The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. In the case, Jane Does v. Reddit, Inc. Reddit moved to dismiss the claim and the U.S.

Statute 96

Statute Court Cause of Action Litigation 96

Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

Court 68

Court Cause of Action Laws Contract 68

Day on Torts

DECEMBER 8, 2022

M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. In Adamson v. Grove , No. internal citation omitted). Rule 41.01 internal citation omitted). internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

Government 80

Government Statute Court Cause of Action 80

Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. I’ve been following the case as part of my work on internet and media law issues. 507 (2022). ” 42 U.S.C.

Government 63

Government Court Statute Cause of Action 63

Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. In Gilbert v. State , No. Click on the link to see the book’s Table of Contents.

Tort 59

Tort Statute Cause of Action Court 59

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). However, many areas of Europe have good Samaritan laws protecting such rescuers.

Tort 35

Tort Litigation Litigating Manufacturing 35

Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. In Haynes v. Perry County, Tennessee , No.

Tort 59

Tort Cause of Action Court Statute 59

ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. . By Korey Silverman-Roati and Maria Antonia Tigre.

Litigation 98

Litigation Litigating Cause of Action Punitive Damages 98

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). The new FCR r 10.42(j)

Court 40

Court Prima Facie Case Statute Cause of Action 40

At the Lectern

SEPTEMBER 16, 2022

Covid statute of limitations. City of Seaside , where the Sixth District published opinion held causes of action under the California Environmental Quality Act were time barred. ” The court did find the forced virtual appearance did violate statutory law, but said the violation was harmless. Strong (2022) 13 Cal.5th

Court 56

Court Statute Cause of Action Laws 56

Day on Torts

MARCH 22, 2022

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Bradley , No. internal citation omitted).

Contract 52

Contract Tort Real Estate Cause of Action 52

At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. 2022) 12 Cal.5th Padilla (2022) 13 Cal.5th ” Horvitz & Levy filed the successful petition for review.

Government 49

Government Court Contract Cause of Action 49

SCOTUSBlog

JUNE 16, 2022

Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. He had used Roundup for over 30 years, and argued it caused his cancer. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. New Relists.

Government 92

Government Education Court Cause of Action 92

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Oil pump, ( Creative Commons ). By Margaret Barry and Korey Silverman-Roati.

Court 55

Court Government Litigation Litigating 55