SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

Litigation 93

Litigation Litigating Tort Statute 93

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. Not only does it ensure media coverage, but it affords litigation advantages over other intentional assault type claims.

Statute 132

Statute Tort Litigation Litigating 132

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. Decedent himself ultimately accepted a settlement in lieu of further litigation.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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

Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? In this blog, I’m interviewing Jessie Foss.

Paralegal Certificate 130

Paralegal Certificate Paralegal Paralegals Bar Exam 130

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

Tort 37

Tort Punitive Damages Personal Injury Compensatory Damages 37

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. The result is a horn of plenty for litigators.

Tort 32

Tort Statute Criminal Law Court 32

SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute. First, FNHRA “unambiguously” confers individual federal rights.

Statute 98

Statute Court Contract Tort 98

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

Diligence 58

Diligence Litigation Litigating Legal 58

Day on Torts

NOVEMBER 17, 2022

10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. In Barrios v. Simpkins , No.

Tort 59

Tort Statute Court Litigation 59

Conflict of Laws

FEBRUARY 29, 2024

Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. Meanwhile, lower courts struggled with how to fit the Supreme Court’s 1922 decision in United States v. Meanwhile, the Supreme Court interpreted the aiding and abetting provision of the Anti-Terrorism Act (ATA) in Twitter, Inc.

Laws 74

Laws Court Divorce Tort 74

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.” The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. Yet the torts system has an elaborate and well-functioning system of product liability. In the opioid litigation, the companies were producing a lawful, nondefective product.

Tort 34

Tort Litigation Litigating Manufacturing 34

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 ). The decision is significant not just for the litigants.

Contract 71

Contract Laws Court Statute 71

SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 84

Contract Laws Statute Litigation 84

JonathanTurley

AUGUST 3, 2021

Andrew Cuomo is looking as years of litigation, including depositions as not just a sinner but a virtual predator. That could be important in litigating these claims. Under federal law, the statute of limitations is three years. Once again, the viability of such actions will depend on the statute of limitations.

Statute 50

Statute Tort Litigation Litigating 50

Day on Torts

JULY 26, 2022

This case is an important read for anyone litigating a tort case involving a matter of public concern. Note: Chapter 56, Section 1 and Chapter 61, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Summary judgment was therefore affirmed.

Tort 59

Tort Court Attorney Statute 59

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

Day on Torts

FEBRUARY 24, 2022

Whether a plaintiff is considered a trespasser will greatly affect the potential duty owed by defendant, and anyone litigating this issue should read this opinion. . Day on Torts: Leading Cases in Tennessee Tort Law ? Day on Torts: Leading Cases in Tennessee Tort Law? This case was released 3.5 and two others,?

Tort 59

Tort Court Statute Litigation 59

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

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

Laws 52

Laws Litigation Litigating Personal Injury 52

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigation Litigating Finance 75

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

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.”

Tort 124

Tort Court Laws Litigation 124

Conflict of Laws

MAY 12, 2022

Where disputes crystallise into litigation, a court may be asked to consider what system of law should determine a particular issue. What one system characterises as an issue for the proper law of the contract could be treated as an issue for a forum statute in another. The law applicable to online dignity.

Laws 98

Laws Statute Litigation Litigating 98

SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co. 26 conference) King v.

Court 112

Court Tort Litigation Litigating 112

JonathanTurley

JULY 12, 2021

The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. Beretta , the Second Circuit left open what a “predicate statute” might look like for the exception, but it rejected the prior nuisance statute.

Manufacturing 43

Manufacturing Laws Litigation Litigating 43

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. 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. By Michael Burger.

Litigation 52

Litigation Litigating Tort Cause of Action 52

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute. UMG considers this a violation of copyright law. The first was Midler v.

Statute 52

Statute Tort Laws Contract 52

Conflict of Laws

MAY 18, 2023

The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here. Noteworthy is the detail in which the UK Supreme Court discusses the authorities on the tort of nuisance under the heading ‘4. The case at hand is an appeal on a part of an earlier rulings.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

At the Lectern

JULY 6, 2023

The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says.

Cause of Action 45

Cause of Action Tort Court Construction 45

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. John Kerry, then U.S. You are all climate lawyers now,” he said, “whether you want to be or not.”

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Lawyer Lawyers Law Firm Law Firms 123

Conflict of Laws

OCTOBER 29, 2021

Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] 1] In similar, the advancing principle of party autonomy [2] does not distinguish between corporations and other litigants on its operational level. These are the situations involving claims between the corporate actors (i.e.

Government 40

Government Laws Contract Litigation 40

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). First, a statute may impose a choice of law rule directing the application of the lex fori where a connecting factor is established.

Laws 58

Laws Contract Statute Construction 58

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset. Arguably, it was not necessary to do so.

Real Estate 52

Real Estate Statute Court Tort 52

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. United States. Haystings v.

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Healthcare Tort Education Court 90