At the Lectern

JULY 6, 2023

” “[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. 2022) 601 F.Supp.3d They lose because the court finds public policy reasons override factors that otherwise would establish a duty of care for employers.

Cause of Action 45

Cause of Action Tort Court Construction 45

Day on Torts

APRIL 21, 2022

E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. E2020-00755-COA-R10-CV (April 7, 2022) and Schrick v. E2020-00796-COA-R10-CV (April 7, 2022)). In Bibbs v.

Tort 52

Tort Court Cause of Action Education 52

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 37

Tort Litigation Litigating Manufacturing 37

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. Sharma and Others and its impact for climate litigation in Australia.

Litigation 40

Litigation Litigating Court Personal Injury 40

Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. In Haynes v. Perry County, Tennessee , No.

Tort 59

Tort Cause of Action Court Statute 59

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigation 52

Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Border Patrol agent. Anderson v.

Cause of Action 52

Cause of Action Court Tort Immigration 52