Day on Torts

APRIL 29, 2021

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.” The voluntary nonsuit also abrogated the Notice [plaintiff] sent to [defendants].

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Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

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Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Thus, a court may only stretch its jurisdictional arm outside its territory in certain limited circumstances. [12]

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Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The lower courts and the UK Supreme court agreed with Shell. Four cases in the House of Lords or Supreme Court’ at [17] ff.

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Cause of Action Court Tort Civil Law 40

JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

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SCOTUSBlog

JUNE 16, 2022

Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment.”

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JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. and “without an allegation of special damages, the [AC] does not allege a legally sufficient cause of action [for defamation] under California law.” The source was Lev Parnas, a dubious character and long-time associate of Rudy Giuliani.

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