SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

Statute 98

Statute Court Contract Tort 98

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. However, there are still some notable additions that raise more legal frights. The next scary moment is likely to be in the form of a torts complaint.

Tort 36

Tort Litigation Litigating Manufacturing 36

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

Cause of Action 64

Cause of Action Statute Tort Court 64

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. But before the appeal was argued, in Philipp v.

Cause of Action 52

Cause of Action Statute Tort Court 52

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 88

Court Statute Cause of Action Contract 88

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. Thyssen-Bornemisza National Museum).

Tort 124

Tort Court Laws Litigation 124

JonathanTurley

NOVEMBER 29, 2020

The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions.

Cause of Action 40

Cause of Action Tort Attorney Depositions 40

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. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.” Code Ann. §

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. In fairness to Nunes’ legal team, there was a good-faith argument that New York or Virginia law should apply rather than California’s law. The source was Lev Parnas, a dubious character and long-time associate of Rudy Giuliani.

Tort 32

Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

MAY 23, 2018

The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. At the moment, it’s pretty messy out there.

Litigation 52

Litigation Litigating Tort Cause of Action 52

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The Ninth Circuit was not persuaded by the plaintiff states’ argument that “precedent requires a broad, fact-intensive inquiry into whether altering an injunction is equitable, even if the legal duty underlying the injunction has disappeared.” California v. 19-17480 (9th Cir. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim.

Litigation 40

Litigation Litigating Court Personal Injury 40

Conflict of Laws

DECEMBER 17, 2020

Nigerian legal practitioners have had to provide legal advice and represent clients before trial and appellate courts as well as arbitral tribunals on disputes involving private international law questions within the context of Nigerian law. They do not know any better.

Laws 52

Laws Stare Decisis Legal Legal 52

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. The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] 1977) 5 SC 181.

Court 76

Court Contract Statute Laws 76

Conflict of Laws

MARCH 22, 2022

It gives information on newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. As a consequence of its application, all claims are governed by the same applicable law, thereby fostering the effectiveness of collective redress.

Contract 8

Contract Tort Litigation Litigating 8

ClimateChange-ClimateLaw

JULY 2, 2021

The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities. Living Rivers v.

Court 45

Court Statute Litigation Litigating 45