Cause of Action? Personal Injury 101

LegalReader

Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.

Maddin, Hauser, Roth & Heller, P.C. Appoints Kaitlin A. Brown to Executive Committee

LegalReader

Katie is a respected and accomplished young leader of our firm and the legal community. Brown Maddin Hauser Roth & Heller Michigan Causes of Action FormbookMaddin, Hauser, Roth & Heller, P.C., is pleased to announce that shareholder Kaitlin A.

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United States: New Jersey Trial Court Finds No Affirmative Cause Of Action Against Banks Under New Jersey Uniform Fiduciaries Law - Riker Danzig Scherer Hyland & Perretti

Mondaq

A New Jersey trial court recently granted summary judgment in favor of a national bank, finding that the New Jersey Uniform Fiduciaries Law ("UFL") does not permit an affirmative cause of action

India: Supreme Court Holds That A Decree Or A Recovery Certificate Constitutes A Fresh Cause Of Action For IBC Proceedings - Khaitan & Co

Mondaq

The Supreme Court in its recent decision in Dena Bank (now Bank of Baroda) v C. Shivakumar Reddy and Anr, (Civil Appeal 1650 of 2020) has inter alia held that a final judgement

India: Non-Payment Of Amount Awarded Under A Judgment, Decree Or An Arbitral Award Gives Fresh Cause Of Action To Initiate Insolvency Proceedings Under The IBC: Supreme Court Of India - Phoenix Legal

Mondaq

Shivakumar Reddy , the Hon'ble Supreme Court held that the non-payment of an amount awarded under a decree In the recent judgment in Dena Bank v.

California Cannabis Claims: Conversion

HarrisBricken

Last year, we wrote a mini-series on the five most common causes of action we were seeing in the evolving world of cannabis litigation. Conversion is defined by California case law as “the wrongful exercise of dominion over the personal property of another.”

United States: The Current Status Of Bad-Faith Claims Involving Insurance - Collins Einhorn Farrell

Mondaq

The availability of causes of action under Michigan law premised on an insurer's bad faith has generated significant confusion for several decades

UK: Not All Collateral Warranties Are Construction Contracts - Duane Morris LLP

Mondaq

The contractual matrix of commercial construction projects commonly includes collateral warranties. Collateral warranties typically grant a contractual cause of action to third parties

Tennessee Supreme Court Agrees to Review Comparative Fault Issue in Negligent Misrepresentation Case

Day on Torts

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. The issue: Whether the affirmative defense of comparative fault is applicable to a negligent misrepresentation cause of action in which the conduct of the plaintiff constituting the basis for that defense also pertains to the justifiable reliance element of the negligent misrepresentation cause of action?

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property,

Diane Drain

The Arizona Statute of Limitations Applicable to Collection Lawsuits and Non-Judicial Trustee’s Foreclosure Sales of Real Property, article by Larry O. 2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v.

Ways to Determine How Much Your Personal Injury Case is Worth

LegalReader

Personal injury lawsuits are intended to compensate those who are injured in accidents through no fault of their own. If you are considering one of these claims, you are probably wondering how much compensation you could recover.

Arkansas Senate approves bill banning gender-affirming care for trans minors

JURIST

” The bill would make it unlawful for any physician or other healthcare professional to “provide [or refer] gender transition procedures to any individual under eighteen (18) years of age.”

Federal judge dismisses challenge to Alabama COVID-19 mask mandate

JURIST

A judge for the US District Court for the Middle District of Alabama dismissed a lawsuit Tuesday challenging the state’s COVID-19 mask mandate. The court’s most in-depth criticism of the complaint was that it did not specify which public health order caused the injury: Sixth, the Amended Complaint fails to allege how injuries are fairly traceable to one or both Defendants as to specific Plaintiffs.

Cannabis Litigation: An Introduction to California’s Anti-SLAPP Statute

HarrisBricken

In follow up, here a primer on California’s anti-SLAPP statute, codified at Code of Civil Procedure, section 425.16. Anti-SLAPP motions involve a two-step process for determining whether a case or a cause of action falls within the scope of the statute.

Territorial Jurisdiction relating to Succession and Administration of Estates under Nigerian Private International Law

Conflict of Laws

Issues relating to succession and administration of estate of a deceased person raise significant issues in Nigerian private international law (or conflict of laws), whether a person dies testate or intestate. The issue of where the cause of action arose was clearly irrelevant.

Territorial Jurisdiction for Disputes between Members of a Political Party in Nigeria

Conflict of Laws

In Nigeria jurisdiction in matters of conflict of laws (called “territorial jurisdiction” by many Nigerian judges) also applies to matters of disputes between members of a political party in the inter-state context. [1].

Half Baked or The American Dream: Can States Ban Ben & Jerry’s Ice Cream?

JonathanTurley

Government boycotts run against the grain of such principles but many are calling for barring sales of the ice cream after it announced it will no longer sell ice cream in “Occupied Palestinian Territory.” NO PRIVATE CAUSE OF ACTION. (a)

Utah House passes bill banning transgender athletes from female sports

JURIST

On Wednesday, the Utah House of Representatives passed the controversial HB302 Bill, “Preserving Sports for Female Students,” effectively banning transgender athletes from female sports.

Sports 130

Arkansas House approves bill banning transgender athletes from women’s sports

JURIST

The Arkansas House of Representatives on Monday approved a bill that prevents transgender women from competing in women’s sports at all levels of education. Titled the “Fairness in Women’s Sports Act,” the legislation applies to “a public elementary school or secondary school; an open enrollment public charter school; and a public two-year or four-year institution of higher education.”

Sports 159

California Cannabis Claims: Defamation

HarrisBricken

Last year, we had a mini-series on the blog that covered the five most common causes of action we were seeing in the cannabis industry (links to the series are at the bottom of this post). Statute of Limitations. Elements of a Defamation Claim.

Arkansas House approves bill banning schools from requiring teachers to use students’ preferred pronouns

JURIST

The Arkansas House of Representatives approved House Bill 1749 on Thursday, which will prevent schools from requiring teachers to refer to students by their preferred pronouns or name if they do not align with the student’s sex assigned at birth. ” The bill follows the passing of Arkansas House Bill 1570 , which banned transgender youth from accessing gender-affirming treatment and Senate Bill 354 , which banned transgender women from participating in women’s sports.

Sports 153

US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

JURIST

In these cases, the unnamed plaintiffs alleged that Nestlé and Cargill were complicit in the use of child slave labor on cocoa farms in the Ivory Coast.

Florida governor signs controversial ban on transgender athletes from women’s sports

JURIST

The provision also states that athletic teams and sports “designated for females, women, or girls, may not be open to students of the male sex,” with determination of a student’s biological sex being made based on the student’s official birth certificate.

Sports 163

Territorial Jurisdiction for Breach of Contract in Nigeria or whatever

Conflict of Laws

Jurisdiction is a fundamental aspect of Nigerian procedural law. In Nigerian judicial parlance, we have become accustomed to the principle that the issue of jurisdiction can be raised at any time, even at the Nigerian Supreme Court – the highest court of the land – for the first time. [1]

Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

Supreme made it more difficult for plaintiffs to prove standing when bringing a credit-reporting class action lawsuit. Facts of the Case. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. the tort of defamation.

Tort 52

A Critique On The Territorial Jurisdiction Of Courts In India

LexForti

THE CONCEPT AND MEANING OF ‘JURISDICTION: AN INTRODUCTION. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CIVIL COURTS IN INDIA. In the case of A.B.C. AN OVERVIEW OF THE TERRITORIAL JURISDICTION OF CRIMINAL COURTS IN INDIA.

India court dismisses sedition claim against Kashmiri politician

JURIST

The Indian Supreme Court on Wednesday dismissed a civil writ petition against Dr Farooq Abdullah, a Member of the Lok Sabha (lower house of Parliament) from the Jammu & Kashmir National Conference party and a former Chief Minister of the erstwhile state of Jammu & Kashmir. There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings.

Tennessee “Discovery Rule” Applied to Vehicle Crash Case

Day on Torts

Estate of Losleben , No. One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident.

Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Facts of the Case. In this case, the Court found the complaint would impermissibly seek extraterritorial application of the ATS.

Tort 56

Mareva injunctions, submission and forum non conveniens

Conflict of Laws

Written by Marcus Teo (Sheridan Fellow (Incoming), National University of Singapore). Senior Judge Andrew Ang acknowledged that “the Mareva injunction remains, at its very core, ancillary to a main substantive cause of action.” ( Allenger , [125]).

8 Steps to Be the Rockstar Personal Injury Paralegal

PARALEGALBOOTCAMP

The backbone of all good personal injury law firms is its paralegals. The tricky part of being a personal injury paralegal is understanding the law and understanding the medical terminology, along with the many other paralegal skills required to succeed. .

Kansas court blocks state ban on standard abortion method

JURIST

” Finally, the Act creates a civil cause of action and imposes criminal penalties against those who perform a D&E abortion. Medical professionals filed suit in 2015, challenging the Act on behalf of themselves and their patients.

Trade Secrets Pre Patenting

Patently-O

The touchstone of invention is when the inventors have a full mental conception of the invention, including how to make and use the invention. But, there is typically a months-long process of moving from conception to a filed patent application. Thus, the first public knowledge of an invention is quite often at the publication date 18-months after filing. Trade secrecy rights are an extension of these general privacy and began as common law. by Dennis Crouch.

Louisiana House passes bill requiring schools to designate teams and sporting events based on biological sex

JURIST

The Louisiana House of Representatives Thursday passed the controversial Senate Bill 156 requiring schools to designate athletic teams and sporting events based on the biological sex of the team members.

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Cannabis Litigation: Curaleaf Wins Dismissal of Securities Class Action Lawsuit

HarrisBricken

Curaleaf received some good news in mid-February when a federal court dismissed a class action lawsuit alleging it violated federal securities laws. A motion tests the sufficiency of a complaint, as my colleague Jihee Ahn recently explained.

Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

Plaintiff and defendant were named as co-owners and beneficiaries of the annuity, with the mother named as the annuitant (although the annuity never produced an income stream). The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations.

Court limits standing in credit-reporting lawsuit

SCOTUSBlog

Share The Supreme Court on Friday substantially narrowed a class action against TransUnion , one of the nation’s three major credit-reporting companies. The car dealership ran a credit check, which wrongly suggested that Ramirez was on a list of suspected terrorists with whom U.S.

Case against deceased defendant time-barred.

Day on Torts

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed.

Virginia General Assembly approves state-level Voting Rights Act

JURIST

All votes in favor of House Bill 1890 came from Democrats. The bill seeks to restore certain provisions of the federal Voting Rights Act that were gutted by a 2013 Supreme Court decision.

Federal Circuit Approves of Order to Drop Patents from the Lawsuit to Facilitate Case Management

Patently-O

The district court felt that 20 patents was too many to handle and so ordered MASA to reduce the number of asserted patents to 8 patents by the summary judgment pre-trial stage; and then further drop down to only 4 asserted patents by trial. by Dennis Crouch.