Day on Torts

NOVEMBER 17, 2022

M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. In Barrios v. Simpkins , No. This opinion was released three months after oral arguments in this case.

Tort 59

Tort Statute Court Litigation 59

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.

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Tort Litigation Litigating Manufacturing 36

Conflict of Laws

FEBRUARY 19, 2024

Edoardo Benvenuti , Research Fellow at the University of Milan, Climate change litigation e diritto internazionale privato dell’Unione europea: quale spazio per la tutela collettiva? Climate Change Litigation and EU Private International Law: Is There Room for Collective Redress?; Sweet & Maxwell, London, 2022, 2 voll.,

Healthcare 65

Healthcare Litigation Litigating Tort 65

Day on Torts

OCTOBER 31, 2022

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 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.

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Tort Statute Attorney Court 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. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. This opinion was released 3.5

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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

JULY 26, 2022

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. This case is an important read for anyone litigating a tort case involving a matter of public concern. In Adreacchio v. Hamilton , No. Summary judgment was therefore affirmed.

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Tort Court Attorney Statute 59

Conflict of Laws

OCTOBER 3, 2022

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. I argued for the laws at the time of litigation. courts interpret choice-of-law clauses.

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Laws Drafting Litigation Litigating 52

Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. This case is accordingly an important read for anyone litigating a case that might implicate the TPPA. In Charles v. McQueen , No.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Conflict of Laws

JUNE 14, 2022

The editors mourn the loss of Professor Peter Mankowski (1966–2022), who served as an editor of the ZVglRWiss from 2009 to his untimely death. Ekhator: Multinational Corporations, Accountability and Environmental Justice: The move towards subregional litigation in Africa. Knöfel (Viadrina). Here are the abstracts: Eghosa O.

Litigation 40

Litigation Litigating Legal Legal 40

Day on Torts

FEBRUARY 24, 2022

M2021-00107-COA-R3-CV, 2022 WL 244532 (Tenn. 27, 2022), plaintiff’s father and defendant were neighbors. 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 ?

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Tort Court Statute Litigation 59

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. The latest issue of RabelsZ has just been released.

Diligence 57

Diligence Litigation Litigating Legal 57

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. Incomes rise as experience grows.

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Paralegal Paralegals Legal Assistant Legal Assistance 246

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.

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Tort Cause of Action Court Statute 59

Conflict of Laws

AUGUST 23, 2023

.’ [4] Additionally, some judges, citing Article 1338 BW in Indonesia, regard the choice of foreign law as a contractual agreement not to resolve a dispute in the Indonesian courts, and many lawyers present a contract claim as tort. Anyone interested in choice of law will therefore be fascinated by this book. [1] 2] Penasthika (ibid).

Contract 52

Contract Laws Civil Law Procedural Law 52

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Litigating Court Finance 124

Intelligize Blog

APRIL 27, 2023

Coming off what S&P described as “a historically slow year in 2022,” the first two months of 2023 saw 111 corporations file bankruptcy petitions. Essentially, the Texas Two-Step refers to a legal maneuver in which a parent company transfers its tort liabilities to a spin-off entity that remains under the parent company’s control.

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Tort Entertainment Manufacturing Legal 70

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

Conflict of Laws

SEPTEMBER 21, 2023

However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.

Procedural Law 57

Procedural Law Laws Litigation Litigating 57

JonathanTurley

DECEMBER 8, 2022

Hdeel Abdelhady , who teaches part-time in the areas of international trade and Islamic law, sued the university for a variety of torts, including allegations that counsel for the university made overtures to an administrative judge about securing a federal judgeship. That claim failed and the D.C. See Abdelhady v. 3d 896 (D.C.

Laws 31

Laws Tort Court Litigation 31

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 69

Contract Laws Court Statute 69

At the Lectern

JULY 6, 2023

” The court is also concerned that “the potential litigation explosion facilitated by a duty to prevent COVID-19 infections in household members would place significant burdens on the judicial system and, ultimately, the community.” 2022) 601 F.Supp.3d Superior Court (2021) 73 Cal.App.5th

Cause of Action 45

Cause of Action Tort Court Construction 45

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. Predictability is the core ambition, not a particular outcome in litigation. van Calster: Lex ecologia.

Contract 10

Contract Tort Procedural Law Court 10

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)”. Jurisdiction over cyber torts: With regard to cyber torts, Art. Jurisdiction over cyber torts: With regard to cyber torts, Art. 276, para.

Drafting 52

Drafting Contract Tort Litigation 52

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. Unit 2: Law of Contract & Law of Tort. Unit 3: Civil Litigation Practice. The units are set out as follows: . Unit 1: English Legal System.

Legal Secretary 70

Legal Secretary Legal Legal Law Firm 70

Conflict of Laws

JUNE 29, 2023

Krapfl: The end of US discovery pursuant to Section 1782 in support of international arbitration The US Supreme Court held on 13 June 2022 that discovery in the United States pursuant to 28 U.S.C. While the decision is formally a procedural one, its most striking passages address substantive tort law.

Tort 52

Tort Court Laws Procedural Law 52

Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.

Contract 8

Contract Tort Litigation Litigating 8

LexForti

JUNE 2, 2022

It was clearly pronounced that “there appears to be no restriction on third parties (non-lawyers) funding the litigation and getting repaid after the outcome of the litigation” [18]. This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Balaji [17].

Finance 52

Finance Litigation Litigating Contract 52

Conflict of Laws

NOVEMBER 11, 2023

The lawsuit commenced by the migrant workers from Nepal and Bangladesh is an example of business and human rights litigation against British multinationals for the damage caused in their overseas operations. Facts The proceedings were commenced in May 2022.

Manufacturing 62

Manufacturing Court Lawyer Lawyers 62

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.

Drafting 52

Drafting Diligence Procedural Law Court 52

Conflict of Laws

JUNE 7, 2022

The first issue of the Journal of Private International law for 2022 was released yesterday. F Rielaender, “Financial torts and EU private international law: will the search for the place of “financial damage” ever come to an end?”

Laws 40

Laws Tort Drafting Litigation 40

Conflict of Laws

SEPTEMBER 14, 2023

Territorial Tort Exception Article 9 of the FSIL creates an exception to immunity for claims “arising from personal injury or death or damage to movable or immovable property caused by the relevant act of the foreign state in PRC territory.” The general practice in China is that courts, rather than litigants, serve process.

Drafting 47

Drafting Court Laws Government 47

Conflict of Laws

APRIL 12, 2023

If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. If we rewind the story a little bit, the non-governmental organizations (NGOs) stated above, firstly, served a formal notice to BNP on 26 October 2022 to stop supporting the development of fossil fuels.

Finance 40

Finance Diligence Laws Court 40

Conflict of Laws

JANUARY 4, 2022

Kieninger : Climate Change Litigation and Private International Law. Hau : Personal involvement as a prerequisite for European tort jurisdiction at the centre of the plaintiff’s interests. The following article discusses the questions whether such divorces can be recognised according to Art.

Divorce 52

Divorce Tort Contract Laws 52

Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA). In Egbert v. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Border Patrol agent. Anderson v.

Cause of Action 52

Cause of Action Court Tort Immigration 52

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. the Lord Collins of Mapesbury and Professor Jonathan Harris KC (Hon.),

Laws 52

Laws Family Law Tort Contract 52

ClimateChange-ClimateLaw

MARCH 14, 2024

In a 2022 press release introducing New York’s then-unprecedented Climate Superfund bill, one of the bill’s sponsors directly stated that the bill was inspired by source attribution research (specifically, research on carbon dioxide and methane emissions attributable to fossil fuel and cement producers).

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Statute Government Court Laws 57