Constitutional Law Reporter
SEPTEMBER 10, 2021
S. _ (2021), the U.S. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States.
Day on Torts
NOVEMBER 7, 2022
Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.
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Day on Torts
AUGUST 10, 2022
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.
Day on Torts
NOVEMBER 4, 2021
29, 2021), plaintiffs’ minor child had gone camping with her grandparents at a state park. First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.”
Gravel2Gavel
JUNE 22, 2021
Arthrex, the petitioner in this case, argued on appeal that the PTAB panel which ruled against its patent, included APJs who were illegally appointed because, as principal officers, they should have been subject to Senate confirmation.
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.” 15, 2021), plaintiff was a former firefighter who had initially been denied Line of Duty (LOD) disability benefits by the defendant City’s Pension Board.
At the Lectern
JULY 21, 2022
Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” The court added that if the remedies it approves “are problematic as a matter of policy, the Legislature can be expected to amend the statute accordingly.” ” (See here.).
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