2022, Cause of Action and Tort

No cause of action against employers for take-home COVID

At the Lectern

JULY 6, 2023

” “[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 They lose because the court finds public policy reasons override factors that otherwise would establish a duty of care for employers.

Cause of Action

Cause of Action Tort Court Construction

Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.

Day on Torts

APRIL 21, 2022

E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. E2020-00755-COA-R10-CV (April 7, 2022) and Schrick v. E2020-00796-COA-R10-CV (April 7, 2022)). In Bibbs v.

Tort

Tort Court Cause of Action Education

Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

NOVEMBER 7, 2022

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. While “a cause of action generally accrues when an injury occurs,” application of the discovery rule may change the date on which the limitations period begins to run. In Jackson v.

Statute

Statute Tort Cause of Action Diligence

County not immune from suit where sheriff’s deputy failed to investigate death threats.

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. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Haynes v. Perry County, Tennessee , No.

Tort

Tort Cause of Action Court Statute

Spooky Torts: The 2022 List of Litigation Horrors

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.

Tort

Tort Litigation Litigating Manufacturing

Wrong defendants in certificate of good faith caption should have resulted in dismissal.

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. This opinion was released three months after oral arguments in this case.

Tort

Tort Statute Cause of Action Court

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

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

Contract Tort Real Estate Cause of Action

TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

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. The TPPA itself explains that the statutory scheme provides a substantive remedy.

Tort

Tort Statute Attorney Court

Anti-enforcement injunction granted by the New Zealand court

Conflict of Laws

MARCH 29, 2023

This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

Court

Court Tort Cause of Action Litigation

Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Border Patrol agent.

Cause of Action

Cause of Action Court Tort Immigration

The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

DECEMBER 19, 2023

The High Court The High Court upheld 3AC’s protest in relation to the CGA and FTA causes of action, on the basis that they fell outside of the territorial scope of the Acts : Body Corporate Number DP 91535 v 3A Composites GmbH [2022] NZHC 985, [2022] NZCCLR 4. 2022] NZLJ 201).

Manufacturing

Manufacturing Court Statute Laws

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. Even after the Supreme Court’s dismantling of the Alien Tort Claims Act jurisdiction remains possible, though everything depends on the circumstances.

Contract

Contract Tort Litigation Litigating

Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. 2022 Full Federal Court Decision. On March 15, 2022, the Full Federal Court unanimously overturned the primary judge’s decision to impose a duty of care on the Minister.

Litigation

Litigation Litigating Court Personal Injury

Vaccine requirements, cancer claims, and circuit splits

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. CVSG: 5/10/2022. In its cert petition, Monsanto seeks to revisit that determination; it also presents an evidentiary question. relisted after the June 9 conference). Sturgis Public Schools , 21-887.

Government

Government Education Court Cause of Action

Paralegal Brief

No cause of action against employers for take-home COVID

Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.

Trending Sources

Tennessee HCLA Case Dismissed under Statute of Limitations.

County not immune from suit where sheriff’s deputy failed to investigate death threats.

Spooky Torts: The 2022 List of Litigation Horrors

Wrong defendants in certificate of good faith caption should have resulted in dismissal.

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

TPPA Petition to Dismiss Could Not Be Filed After Plaintiff Took Voluntary Dismissal.

Anti-enforcement injunction granted by the New Zealand court

Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2022: Abstracts

Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

Vaccine requirements, cancer claims, and circuit splits

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