Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. Ultimately, dismissal of the breach of contract claims and the claims related to the failure to seal were vacated.

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Day on Torts

JUNE 21, 2022

M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. June 9, 2022), plaintiff and defendant husband were in the process of getting divorced. The Court reasoned: Tennessee law has made clear that possession is not sufficient to establish a conversion, defiance of the true owner’s rights must be alleged. internal citation omitted).

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Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” In Parker ex rel.

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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.

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Day on Torts

MAY 13, 2022

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. In the instant case, defendant moved for summary judgment on the legal malpractice claim, which the trial court granted.

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Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. In Lynch v.

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Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. The Court of Appeals quoted Tenn. internal citations omitted).

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Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. internal citation omitted).

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Conflict of Laws

FEBRUARY 19, 2024

We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them. This issue also comprises the following comment: Ginevra Greco , Researcher at the University of Milan, Il c.d.

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Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Several years ago, I published a paper that examined how U.S.

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At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.

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Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Conflict of Laws

JANUARY 2, 2023

On 30 December 2022, China’s Standing Committee of the National People’s Congress issued the “Civil Procedure Law of the People’s Republic of China (amendment draft)”. Special jurisdiction: Present special jurisdiction rules apply to “disputes concerning contract or other property rights or interests”. Jurisdiction. 276, para.

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Conflict of Laws

SEPTEMBER 21, 2023

Further, the new CPL introduces “the place of torts committed within the territory of China” as a new connecting factor for jurisdiction. Additionally, a new fall-back provision of “other appropriate connections” is included, granting Chinese courts greater flexibility over foreign-related cases. 276, para.

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Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. Courts are struggling with the right approach to the relevant rules. van Calster: Lex ecologia.

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Conflict of Laws

DECEMBER 13, 2022

On 9 November 2022 the District Court Amsterdam accepted international jurisdiction in an interim judgment in a collective action brought against TikTok (DC Amsterdam, 9 November 2022, ECLI:NL:RBAMS:2022:6488 ; in Dutch ). If no settlement is reached, an exclusive representative will be appointed by the court.

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Paralegal Bootcamp

JANUARY 4, 2024

Many attorneys also rely on the paralegal to do the first-round draft of pleadings that will be filed with the court. The paralegal is the team member who is searching the case database for potential evidence (emails, text messages, memos, contracts, etc.) Prepare for depositions, mediations, and arbitrations. What does that mean?

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Paralegal Bootcamp

APRIL 15, 2022

Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? The new Occupational Employment and Wage Statistics will be released on March 31, 2022. Do you enjoy the hustle and bustle of the city and being close to the action? That will dictate the “where.”

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SimplyLawJobs

SEPTEMBER 13, 2021

Our partner’s The Institute of Legal Secretaries and PAs are delighted to be offering live online classes , which start on Wednesday 26 January 2022. You will learn about the day-to-day tasks of a Legal Secretary, various areas of law, the legal profession and how the court system operates. The units are set out as follows: .

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Conflict of Laws

MARCH 22, 2022

They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article. For the first time, the CJEU has ruled in VEB v BP on the court competent for deciding liability suits regarding misinformation on the secondary securities market.

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Contract Tort Litigation Litigating 8

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. “You You are all climate lawyers now,” he said, “whether you want to be or not.”

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Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. Article 3 says: “Foreign states and their property enjoy immunity from the jurisdiction of PRC courts, except as otherwise provided by this Law.”

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LexForti

JUNE 2, 2022

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Court of Wards [15] where it was clarified that as long as the funding for the process was for a portion of the proceeds, it was not illegal. In 1939, a stance was taken in Ram Surap v.

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Finance Litigation Litigating Contract 52

Conflict of Laws

AUGUST 3, 2023

The EU Commission published a long awaited Proposal for a Directive on Corporate Sustainability Due Diligence (CSDDD), COM(2022) 71 final, on 23 February 2022; the EU Council adopted its negotiation position on 1 December 2022; and now, the EU Parliament has suggested amendments to this Draft Directive on 1 June 2023.

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Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches.

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Conflict of Laws

JANUARY 4, 2022

The recent Shell ruling by the District Court of The Hague raises the question whether Carbon Majors could also be sued outside the state of their corporate home and which law would be applicable to claims for damages or injunctive relief. Clearly, national contract laws will differ substantially in their solutions.

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Conflict of Laws

MARCH 27, 2023

was published by Sweet & Maxwell in September 2022. Volume 2 covers family law, property law, succession and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations. Includes detailed treatment of the Hague Convention on Choice of Court Agreements 2005.

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Conflict of Laws

APRIL 12, 2023

Under the absolute theory, states are absolutely immune from suit in the courts of other states. In December 2022, Chinese lawmakers published a draft law on foreign state immunity , an English translation of which has recently become available. Russia and China were the most prominent holdouts. That left China.

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LawSites

DECEMBER 4, 2023

We run a gender decoder for all new job postings, and we hired international contract software engineers. Traction: We began selling our minimum viable product in 2022. We are currently working through POCs and contracts with several service providers. Anything else? We do not publish our pricing. Who are your competitors?

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Conflict of Laws

MARCH 1, 2023

Wagner: Europäisches Kollisionsrecht 2022: Bewegung im internationalen Familienrecht This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2022 until December 2022. Under German law, only courts are considered transmitting agencies.

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Tort Court Contract Laws 52

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. The court therefore vacated and remanded the ACE Rule—which repealed the 2015 Clean Power Plan rule and in its place adopted a replacement rule that relied only on heat-rate improvements at individual plants. On January 19, 2021, the D.C. Third, the D.C. American Lung Association v.

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