Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant.

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Tort Contract Court Administrative Law 59

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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Tort Litigation Litigating Manufacturing 43

SCOTUSBlog

JUNE 17, 2021

The justices left open for another day the question of whether the federal law at the heart of the case allows lawsuits against U.S. The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts for serious violations of international law.

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Tort Statute Finance Court 144

SCOTUSBlog

MAY 3, 2021

Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it. The justices asked the federal government to provide its views in two cases.

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Government Tort Court Manufacturing 108

Conflict of Laws

OCTOBER 29, 2021

The division between external and internal affairs of corporation is an important one for the question of applicable law. A review of the case law suggests a strong tendency of the courts to apply the same choice-of-law rules applicable to private individuals.

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Government Laws Contract Litigation 40

SCOTUSBlog

JUNE 8, 2023

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

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Statute Court Contract Tort 96

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 81

Contract Laws Statute Litigation 81

SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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Government Tort Court Rules Court 80

SCOTUSBlog

DECEMBER 3, 2023

Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle. Trustee argues is different.

Litigation 85

Litigation Litigating Tort Statute 85

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 71

Contract Laws Court Statute 71

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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Laws Contract Statute Construction 58

The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

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Tort Court Statute Court Decisions 75

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.

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Tort Litigation Litigating Manufacturing 35

Conflict of Laws

MAY 12, 2022

. > By “free speech”, I simply mean that which matches the law. I am against censorship that goes far beyond the law. If people want less free speech, they will ask government to pass laws to that effect. Therefore, going beyond the law is contrary to the will of the people. Twitter and the conflict of laws.

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Laws Statute Litigation Litigating 98

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

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Tort Statute Attorney Court 59

Day on Torts

NOVEMBER 15, 2022

The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. The TPPA, a relatively new statute, continues to be more defined as additional cases are litigated and appealed thereunder.

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Prima Facie Case Tort Statute Construction 59

Conflict of Laws

AUGUST 24, 2023

This post is by Carlos Manuel Vázquez , a professor of law at Georgetown Law School. Supreme Court last summer, the case is now before the Ninth Circuit for decision of the legal question that is likely to be decisive: which law governs? It is cross-posted at Transnational Litigation Blog.

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Laws Statute Court Tort 52

Day on Torts

JUNE 15, 2022

After looking to the contract and the statutes at issue here, the Court of Appeals reasoned: Having closely reviewed the State’s contract with the City of Kingsport, we find nothing in the contract or in §§ 54-5-201 and -203 that authorizes the State to delegate its responsibilities under § 9-8-307(a)(1)(I).

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Contract Tort Statute Government 52

SCOTUSBlog

NOVEMBER 29, 2021

which the Supreme Court will hear on Tuesday, is about the types of remedies that plaintiffs may recover when they prove violations of certain federal anti-discrimination laws — in particular, whether such plaintiffs may recover damages for emotional distress. Here the Supreme Court’s case law on “spending clause” legislation comes into play.

Court 79

Court Laws Compensatory Damages Statute 79

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.

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Tort Litigation Litigating Manufacturing 36

Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

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Tort Statute Court Laws 52

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury).

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Manufacturing Court Statute Laws 68

Day on Torts

OCTOBER 3, 2022

Although Tennessee had no case law on this issue, the Court noted that other states have interpreted their own similar laws to mean that “neighborhoods are often considered to constitute communities and implicate matters of ‘public interest’ or ‘public concern’ in the context of anti-SLAPP litigation.” Code Ann. § 20-17-101 et seq.,

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

FEBRUARY 22, 2022

Plaintiff initially sued the Metropolitan Government of Nashville and Davidson County (Metro) for damage to his property, which ended in summary judgment for Metro based on sovereign immunity. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Construction Depositions Statute 59

Legal Research is Easy

SEPTEMBER 3, 2020

Good thing that there was a law librarian nearby who could witness her acrobatics and then blog at out it to the world. As it turns out, South Carolina, where Young Lady happened to trip and tear up her knees, has it's own Torts Claim Act called, not surprisingly, the South Carolina Tort Claims Act under § 15-78-10.

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Tort Personal Injury Government Lawyer 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.

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Court Statute Cause of Action Contract 82

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The California state law at issue in Flagstar Bank v. Kivett , and the New York state law in Cantero v. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act.

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Laws Court Personal Injury Tort 78

ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.

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Lawyer Lawyers Law Firm Law Firms 122

SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce.

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Immigration Statute Government Tort 75

Day on Torts

OCTOBER 11, 2022

The trial court granted summary judgment under this statute, finding that plaintiff could not prove liability due to these exceptions, and review of this issue was waived on appeal. The statute at the core of the appeal was Tenn. internal citation omitted). Code Ann. § Click on the link to see the book’s Table of Contents.

Construction 52

Construction Tort Statute Court 52

Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52

Laws Tort Contract Court 52

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.

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Cause of Action Statute Tort Court 64

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. 1605(a)(3) ).

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Tort Court Laws Litigation 124

Day on Torts

OCTOBER 24, 2022

Note: Chapter 98, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Tort Contract Court Statute 45

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. A 1936 federal law waives federal immunity from state workers’ compensation laws on federal land and projects. This principle is known as intergovernmental immunity. Washington.

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Contract Government Statute Construction 84

SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

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Statute Law Firm Law Firms Government 83

Day on Torts

MAY 3, 2022

Here, plaintiff alleged that law enforcement knew her husband was violent, that he threatened to kill her in front of law enforcement, that he was being actively investigated for burning her car, and that despite this knowledge, Investigator Rosson failed to follow up on the multiple death threats made by husband towards plaintiff.

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Tort Cause of Action Court Statute 59