Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 83

Court Statute Cause of Action Contract 83

Day on Torts

MAY 11, 2022

Notably, subsection (a)(2) specifically states that the certificate of good faith “must certify that ‘there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115.” This opinion was released three months after oral arguments in this case.

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

MARCH 22, 2022

Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.”

Contract 52

Contract Tort Real Estate Cause of Action 52

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 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.

Tort 36

Tort Litigation Litigating Manufacturing 36

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 37

Tort Litigation Litigating Manufacturing 37