At the Lectern
JULY 6, 2023
The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[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. 2022) 601 F.Supp.3d
JURIST
JUNE 22, 2023
The court held that the CSAAA is unconstitutionally retrospective because it creates a new cause of action for conduct that predated the act and would have been time-barred by the claim’s statute of limitation. It is based on Article I Section 9 of the US Constitution , which prevents Congress from passing these laws.
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Day on Torts
NOVEMBER 7, 2022
Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.
Patently O
MARCH 18, 2024
2022-2170 (Fed. The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. . = = = One interesting aspect of this decision relates to absence of a statute of limitations. 256 does not have an associated statute of limitation.
The IP Law Blog
JANUARY 11, 2024
In 2021, at the age of 30, he filed his lawsuit and after two rounds of amended pleadings, filed a second amended complaint in January 2022. 2255, which allows victims of child pornography to bring a civil cause of action. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.
SCOTUSBlog
JANUARY 16, 2024
Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers. If it has not, the court must uphold the agency’s interpretation of the statute as long as it is reasonable. Loper-Bright came to the Supreme Court in November 2022, asking justices to review the D.C.
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.
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