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.” This case is fairly fact specific, but it is a reminder that a plaintiff cannot change the gravamen of a complaint simply by labeling it as a tort case.

Tort 59

Tort Contract Court Administrative Law 59

JURIST

JULY 31, 2023

There is no parliamentary statute, like the Crown Proceedings Act 1947 in the UK and Federal Torts Claims Act 1946 in the USA, that provides citizens the right to pursue tortious remedies against the government, nor is there any clear precedent set by the superior courts of the country that establishes the same.

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Tort Statute Legal Legal 197

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. The justices asked the federal government to provide its views in two cases. The justices announced on Monday morning that they will not hear oral argument in Doe v. E.M.D.H. ,

Government 108

Government Tort Court Manufacturing 108

SCOTUSBlog

JUNE 17, 2021

The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. courts for serious violations of international law. laws normally do not apply. That is a good thing,” Gorsuch reasoned.

Tort 144

Tort Statute Finance Court 144

Day on Torts

AUGUST 2, 2021

Multiple other calls were made between 911, various government agencies, and the electric company, although the director of the Emergency Management Agency did not arrive on the scene until 3:07 a.m. This would perversely incentivize government, should it commit a negligent act, to commit worse forms of negligence so as to remain immune.

Tort 59

Tort Cause of Action Statute Court 59

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. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

Statute 96

Statute Court Contract Tort 96

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

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. 1983 against a state or local government actor who created the danger of that injury. In 1950’s Feres v. Robinson v.

Government 80

Government Tort Court Rules Court 80

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

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.

Tort 75

Tort Court Statute Court Decisions 75

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The federal government (which administers the Medicaid program) strongly supports that position.

Tort 75

Tort Statute Government Court Decisions 75

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.

Tort 59

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.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Baasiri , the Second Circuit held that a foreign company can acquire immunity under the FSIA if it becomes majority-owned by a foreign government after a lawsuit is filed. In Bartlett v.

Laws 74

Laws Court Divorce Tort 74

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). This opinion was released 1.5

Contract 52

Contract Tort Statute Government 52

Conflict of Laws

OCTOBER 29, 2021

Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] First , internal affairs of corporations tend to be excluded by the various international statutes aiming to harmonise the applicable law rules. [3] These are the situations involving claims between the corporate actors (i.e.

Government 40

Government Laws Contract Litigation 40

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.

Tort 52

Tort Statute Court Laws 52

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

Tort 52

Tort Personal Injury Government Lawyer 52

Day on Torts

OCTOBER 3, 2022

Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. This ruling was affirmed in part and reversed in part on appeal. The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

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.

Tort 59

Tort Construction Depositions Statute 59

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.

Cause of Action 64

Cause of Action Statute Tort Court 64

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 82

Court Statute Cause of Action Contract 82

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. § This opinion was released 4.5

Construction 52

Construction Tort Statute Court 52

SCOTUSBlog

SEPTEMBER 17, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing two of his customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. Hansen appealed to the U.S. Court of Appeals for the 9th Circuit. In United States v.

Immigration 75

Immigration Statute Government Tort 75

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.

Tort 45

Tort Contract Court Statute 45

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). Statutory interpretation, and characterisation, are necessarily intertwined.

Manufacturing 68

Manufacturing Court Statute Laws 68

Constitutional Law Reporter

JANUARY 31, 2022

The justices have agreed to decide the following question: “Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses.”.

Immigration 52

Immigration Statute Tort Healthcare 52

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?

Statute 83

Statute Law Firm Law Firms Government 83

Day on Torts

MAY 3, 2022

That statute removes sovereign immunity for non-negligent acts or omissions of a deputy sheriff if, at the time of the injury, the deputy sheriff is acting by virtue of or under the color of the office. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Cause of Action Court Statute 59

SCOTUSBlog

FEBRUARY 21, 2024

The parties disputed the enforcement of that contract because application of Pennsylvania law (favored by the customer Raiders Retreat Realty) would expose the insurer (Great Lakes Insurance) to a tort action not available under New York law.

Contract 81

Contract Laws Statute Litigation 81

Day on Torts

FEBRUARY 8, 2022

Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Click on the link to see the book’s Table of Contents.

Tort 59

Tort Court Statute Laws 59

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. This principle is known as intergovernmental immunity. Washington.

Contract 84

Contract Government Statute Construction 84

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 58

Laws Contract Statute Construction 58

SCOTUSBlog

NOVEMBER 29, 2021

The ACA (in Section 1557) bars federally funded health care programs from discriminating in violation of certain civil rights statutes, including the Rehabilitation Act. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. Cummings would have the court answer “yes.”

Court 79

Court Laws Compensatory Damages Statute 79

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 ). For me, the case is most significant for its approach to choice of law.

Contract 71

Contract Laws Court Statute 71

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).

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Tort Court Laws Litigation 124