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).

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Tort Statute Attorney Court 59

Day on Torts

MAY 13, 2022

April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. Plaintiff’s chief complaint is that Defendant failed to obtain his full case file from Plaintiff’s former attorney. Rogers , No.

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Legal Legal Tort Statute 59

Day on Torts

JULY 26, 2022

In the context of countering plaintiffs’ assertion that the death was a homicide, defendant shared autopsy photographs of the son as well as some of his text messages, both of which were public records released by the Mississippi Attorney General’s Office. Summary judgment was therefore affirmed.

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Tort Court Attorney Statute 59

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

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Tort Statute Court Construction 59

Constitutional Law Reporter

JANUARY 26, 2023

In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text.

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Attorney Tort Legal Legal 52

Day on Torts

MAY 11, 2022

In subsection (a)(1), which was the subsection at issue in this case, the statute only states that the certificate must say that “there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” This opinion was released three months after oral arguments in this case.

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Tort Statute Cause of Action Court 59

Day on Torts

JANUARY 15, 2022

The court then awarded the homeowner her attorney fees in the amount of $3,600 pursuant to Tenn. The homeowner appealed arguing that, in limiting her recovery to $3,600, the trial court interpreted the statute too narrowly. Because the trial court properly interpreted the statute, we affirm the trial court’s decision.

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Court Tort Statute Lawyer 59

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for. Sounds like a racket so you gotta stay on your toes.

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Tort Personal Injury Government Lawyer 52

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.

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Court Statute Cause of Action Contract 87

Day on Torts

MARCH 22, 2022

Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. The unrefuted testimony is that [husband] simply did not read the [indemnity agreement].

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Contract Tort Real Estate Cause of Action 52

Paralegal Bootcamp

APRIL 27, 2023

She was a personal injury attorney and they were looking for a receptionist for their small law firm. And so I met with this attorney who then asked me to come in and interview to fill that position to be the receptionist and do clerical work. What I did learn was how to look up statutes and cases. And I handled the phones.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

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 38

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 57

Laws Contract Statute Construction 57

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 ). Mrs Karpik obtained special leave. The appeal was heard in March 2023.

Contract 70

Contract Laws Court Statute 70

LawSites

NOVEMBER 15, 2023

In traditional legal research, the user enters a query and gets a response in the form of a long list of cases, statutes and other resources. As of today’s launch, the AI research tool draws only from primary law materials in Westlaw, such as cases, statutes and regulations.

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Legal Research Legal Assistant Legal Assistance Laws 127

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.

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Tort Litigation Litigating Manufacturing 39

SCOTUSBlog

MAY 3, 2021

United States that although Congress generally waived the government’s immunity in the Federal Tort Claims Act, members of the armed forces cannot sue the federal government for injuries sustained on active duty. whose attorneys contribute to SCOTUSblog in various capacities, is among the counsel to the respondents in American Axle.].

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Government Tort Court Manufacturing 110

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

SCOTUSBlog

OCTOBER 5, 2023

The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. King sued them under the Federal Tort Claims Act and under Bivens v. Last among the First (Amendment) cases is Blankenship v. ” (relisted after the Sept. 26 conference) King v.

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Court Tort Litigation Litigating 114

JonathanTurley

JUNE 30, 2021

Kevin Steele, the Montgomery County district attorney who convicted Cosby, issued a statement that was embarrassing in its evasion of responsibility. Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. Pennsylvania is not one of them (which is quite surprising).

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Tort Depositions Laws Court 50

JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. While North Carolina attorneys note that juries tend to require more than a one percent contributory negligence as a bar, it would present a tough challenge for this family.

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Tort Personal Injury Legal Legal 37

JonathanTurley

DECEMBER 7, 2023

On March 20, Spears’s attorney demanded a public retraction of the statements pursuant to Ala. We have previously discussed retraction statutes that can limit damages or actions. A person familiar with the case identified that person as Spears. Code § 6-5-186, which The Times declined.

Punitive Damages 43

Punitive Damages Sports Statute Contract 43

SCOTUSBlog

DECEMBER 3, 2023

Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle. Trustee argues is different.

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Litigation Litigating Tort Statute 92

JonathanTurley

JANUARY 29, 2022

We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus. COUNT II Violation of University of Illinois Statutes. Kilborn wrote a Civil Procedure exam based on an employment discrimination hypothetical.

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Laws Law School Education Construction 34

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. If a businesses was directly involved with trafficking, the insurance would likely deny the claim for coverage as an intentional tort.

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Statute Tort Litigation Litigating 132

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. She also threatened another woman with a carving knife.

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Tort Statute Criminal Law Court 33

Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. However, with regard to torts and antitrust claims there are rules of interpretation arising from Art. 1 Brussels Ia Regulation/Art. 25 Brussels Ia Regulation itself.

Divorce 52

Divorce Contract Tort Court 52

JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 49

JonathanTurley

AUGUST 3, 2021

Other women gave testimony on Cuomo pressing women into relationships, creating a “toxic” environment for women, and attacking not just women but the investigators (which Attorney General Letitia James called “offensive”). Under federal law, the statute of limitations is three years. That could be important in litigating these claims.

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Statute Tort Litigation Litigating 55

SCOTUSBlog

JULY 1, 2021

20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress. The solicitor general recommends the court grant review. Cummings v. CVS Pharmacy Inc.

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Compensatory Damages Government Court Cause of Action 85

SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. United States.

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Healthcare Tort Education Court 90

ClimateChange-ClimateLaw

OCTOBER 7, 2019

The federal district court for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. The court also declined to “create a new tort named abusive litigation.” National Review, Inc. ,

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Court Government Statute Tort 40

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw. The plaintiffs plan to appeal.

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Cause of Action Court Government Litigation 96

JonathanTurley

DECEMBER 15, 2021

He argues that the court is allowed to take “judicial notice” of the agreement in light of the fact that it has been used previously in court, including the voluntary dismissal of her battery claims against Epstein’s former attorney, Alan Dershowitz in a parallel case. See Giuffre v. Dershowitz , No. 19-cv-03377-LAP (S.D.N.Y.

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Statute Tort Laws Court 37

JonathanTurley

JANUARY 26, 2024

Sullivan simply states that “in California, there is no prohibition on an attorney lending money to their client despite your misguided attempt to give the appearance of some sort of prohibition.” …So, again, just to clarify, because your attorney asked, but I want you to answer the question again. Q A year later?

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Lawyer Lawyers Litigation Litigating 64

JonathanTurley

NOVEMBER 14, 2023

Trump reposted a supporter’s “fantasy” of executing a citizen’s arrest of Judge Arthur Engoron and New York Attorney General Letitia James. I have been critical of Attorney General James for this case and her running on a pledge to bag Trump if elected. I have also criticized this New York law.

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Felony Misdemeanor Attorney Statute 50

JonathanTurley

FEBRUARY 3, 2022

attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs.

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Punitive Damages Tort Attorney Statute 42