Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. internal citation omitted).

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v. Booth , 344 S.W.3d

Cause of Action 64

Cause of Action Statute Tort Court 64

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 35

Tort Litigation Litigating Manufacturing 35

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

Tort 32

Tort Statute Criminal Law Court 32

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 68

Manufacturing Court Statute Laws 68

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.

Statute 59

Statute Cause of Action Court Rules Diligence 59

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

Court 52

Court Cause of Action Tort Punitive Damages 52

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 36

Tort Litigation Litigating Manufacturing 36

Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. The Court of Appeals began by looking at Tenn. Plaintiff attached a certificate of good faith to each complaint pursuant to Tenn. Code Ann. §

Tort 59

Tort Statute Cause of Action Court 59

LettersBlogatory

AUGUST 23, 2021

On the other hand, it is very hard to see why, more than 75 years after the crimes of the Nazis and their French collaborators in France, a foreign national (or more precisely, his or her descendants) should have a legal remedy in a US court, for all sorts of reasons. As with the Germany v.

Cause of Action 52

Cause of Action Statute Tort Court 52

Day on Torts

MAY 3, 2022

After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational. internal citations omitted).

Tort 59

Tort Cause of Action Court Statute 59

Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn.

Divorce 59

Divorce Cause of Action Statute Diligence 59

At the Lectern

FEBRUARY 11, 2021

At its conference yesterday — a double one — the Supreme Court agreed to answer an employment law question for the Ninth Circuit and left in place a preliminary injunction against Uber and Lyft. Other notable actions included: The court granted the petition for review in Hoffmann v. Code, § 1790 et seq.)

Court 49

Court Laws Statute Cause of Action 49

Day on Torts

MARCH 22, 2022

The trial court granted defendant’s motion for summary judgment, finding that plaintiff could not have reasonably relied on defendant’s alleged statement, and the Court of Appeals affirmed. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Contract 52

Contract Tort Real Estate Cause of Action 52

At the Lectern

APRIL 14, 2021

The Supreme Court today announced a six-case early-May calendar. On May 5, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Bonni v. but, after the court decided Wilson , and disapproved Bonni on one point ( Wilson v. 2019) 7 Cal.5th

Calendaring 49

Calendaring Statute Cause of Action Tort 49

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. The district court rejected all of these arguments, and the U.S. Court of Appeals for the 9th Circuit affirmed.

Tort 124

Tort Court Laws Litigation 124

Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. Simply put, [defendants] were no longer on notice that [plaintiff] might pursue a cause of action for health care liability against them. Code Ann. §

Tort 59

Tort Cause of Action Statute Court 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. § 230(e)(3).

Tort 33

Tort Court Compensatory Damages Punitive Damages 33

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. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

Cause of Action 59

Cause of Action Tort Court Statute 59

SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

Compensatory Damages 79

Compensatory Damages Government Court Cause of Action 79

Conflict of Laws

JANUARY 10, 2022

One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This constellation provides a strong argument for facilitating collective redress, as otherwise individual users may not be able to obtain justice for privacy infringements before the courts.

Tort 75

Tort Litigation Litigating Finance 75

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. Accordingly, the federal court in New York had to decide where how Virginia courts would likely rule on the “place of the wrong” in this multistate defamation case. It ruled that the Virginia courts would likely apply the California law.

Tort 32

Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

MAY 23, 2018

Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. One set of California cases – filed by San Mateo County, Marin County and Imperial City – was removed by defendants to federal court, then remanded to state court, based on Judge Vince C. BP P.L.C. ,

Litigation 52

Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

JUNE 16, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. As October Term 2021 winds to a close, the Supreme Court is holding its penultimate scheduled conference this week. The petitioners also ask the court to overrule Employment Division v.

Government 92

Government Education Court Cause of Action 92

Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria.

Court 76

Court Contract Statute Laws 76

ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

Court 45

Court Statute Litigation Litigating 45