Remove 2022 Remove Cause of Action Remove Laws Remove Statute
article thumbnail

Colorado Supreme Court strikes down child sexual abuse law that allowed lawsuits over abuse from decades ago

JURIST

The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” This section forbids the state legislature from passing “ex post facto” laws.

article thumbnail

No cause of action against employers for take-home COVID

At the Lectern

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

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. M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn.

Statute 59
article thumbnail

The New Zealand Court of Appeal on the cross-border application of New Zealand consumer and fair trading legislation

Conflict of Laws

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). In response, 3AC protested the New Zealand court’s jurisdiction.

article thumbnail

GTLA Attorney’s Fees Provision Permitting Award Against Plaintiff Deemed Constitutional

Day on Torts

M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. April 7, 2022, plaintiff filed suit against twelve defendants after she placed her child for adoption at birth but subsequently changed her mind. Plaintiff argued that the statute did not apply to Ms. Plaintiff argued that the statute was not applicable here, as Ms.

Statute 59
article thumbnail

New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

article thumbnail

How does the USPTO Decide the Discretionary Aspect of Institution?

Patently O

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. That case is now on appeal.

Statute 78