Day on Torts
OCTOBER 20, 2023
Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. In Sanders v. Higgins , No. M2022-00892-COA-R3-CV (Tenn.
Day on Torts
FEBRUARY 2, 2023
31, 2023), plaintiffs owned a restaurant in defendant City. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal.
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Conflict of Laws
JUNE 29, 2023
More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 7(1) of the Brussels Ibis Regulation.
Day on Torts
MARCH 4, 2023
In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. The Court of Appeals reversed dismissal. In Lawson v. Hawkins County, Tennessee , No. E2020-01529-SC-R11-CV (Tenn.
SCOTUSBlog
NOVEMBER 20, 2023
Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. Court of Appeals for the 6th Circuit upheld that decision.
Conflict of Laws
MARCH 27, 2024
Within New Zealand, the rules are in the Trans-Tasman Proceedings Act 2010 (Cth) —legislation in the spirit of the Hague Conference on Private International Law—as modified by the rules of the forum court. Defendants in any other foreign country are captured by the rules of the forum court.
Conflict of Laws
FEBRUARY 15, 2023
Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.
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