Day on Torts

DECEMBER 4, 2024

Tennessee does not recognize a common law cause of action for wrongful foreclosure. Plaintiff filed a complaint asserting several causes of action, but only appealed the trial court’s grant of summary judgment on the tort claim of wrongful foreclosure. Wilmington Trust, N.A. , E2021-00378-SC-R11-CV, — S.W.3d

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Cause of Action Tort Court Laws 52

JURIST

JUNE 22, 2023

The court held that the CSAAA is unconstitutionally retrospective because it creates a new cause of action for conduct that predated the act and would have been time-barred by the claim’s statute of limitation. It is based on Article I Section 9 of the US Constitution , which prevents Congress from passing these laws.

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Cause of Action Laws Court Statute 195

JURIST

MARCH 20, 2024

Then the Supreme Court’s Appellate Division dismissed the only remaining causes of action in the lawsuit. The New York Supreme Court denied the motion to dismiss from the city but granted the state’s motion.

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Cause of Action Court Court Rules Legal 222

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

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Cause of Action Court Tort Immigration 52

JURIST

FEBRUARY 11, 2022

In all, the suit includes causes of action relating to racial employment discrimination (harassment, assignment, discipline, promotion and termination) and retaliation, all under §12940 of the California Government Code. Several Black employees resigned out of a lack of faith in the fairness in internal investigations.

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Punitive Damages Cause of Action Human Resources Contract 211

JURIST

DECEMBER 28, 2022

The US Court of Appeals for the Ninth Circuit Wednesday reversed a ruling holding that the Children’s Online Privacy Protection Act (COPPA) preempts state law causes of action against Google for collecting data from children’s online behavior. Circuit Judge M. Margaret McKeown authored the three-judge panel decision.

Court Rules 138

Court Rules Cause of Action Court Laws 138

JURIST

AUGUST 16, 2022

The complaint sets forth a cause of action arising from the CIA’s Fourth Amendment violations. It is alleged that information was copied from the devices without the plaintiffs’ consent and that the information was then sent to the CIA. According to the US Supreme Court in Bivens v.

Lawyer 46

Lawyer Lawyers Cause of Action Court Rules 46

Above The Law

MAY 2, 2025

In many instances, contingency fees allow greater access to the legal system since clients who may not be able to pay for counsel fees might be able to pursue causes of action they otherwise would not be able to pursue if attorneys work on contingency.

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Law Firm Law Firms Lawyer Lawyers 110

JURIST

MARCH 30, 2021

” The bill also establishes a private cause of action in which an individual may “assert an actual or threatened violation of this subchapter as a claim in a judicial or administrative proceeding and obtain compensatory damages, injunctive relief, declaratory relief, or any other appropriate relief.”

Compensatory Damages 223

Compensatory Damages Cause of Action Healthcare Sports 223

Attorney at Work

SEPTEMBER 14, 2022

.” These human editors manually reviewed and tagged the past 12 years of caselaw, published cases and certain older cases, covering eight topics (commercial law, federal civil procedure, federal discovery and evidence, federal remedies, federal class actions, employment, securities and antitrust). Precision Research. KeyCite Cited With.

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Legal Research Legal Legal Cause of Action 246

JURIST

JUNE 22, 2022

The district court found that “the plaintiffs in this case and the Fisher litigation are in privity and the causes of action in the two cases are the same.” Abigail Fisher and Edward Blum, who were essential in the Fisher litigation, are now directors of the SFFA.

Court Rules 211

Court Rules Court Cause of Action Litigation 211

At the Lectern

JULY 6, 2023

” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Winning on the special relationship and workers’ compensation issues isn’t enough to get the plaintiffs to trial, however.

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Cause of Action Tort Construction Court 45

JURIST

JUNE 20, 2021

Five of the remaining members of the court joined in the disposition of the case, but the court did not reach a majority in whether to limit those causes of action under the statute.

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Tort Statute Court Cause of Action 249

Above The Law

NOVEMBER 15, 2021

Gruden has included numerous causes of action such as intentional interference with contractual relations, tortious interference with prospective economic advantage, and civil conspiracy in his legal action.

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Cause of Action Legal Legal Sports 114

JURIST

APRIL 9, 2023

Judge Jeffrey Crabtree ruled that the plaintiffs in the case alleged a viable cause of action against the department. The plaintiffs assert that the department has breached its “public trust” duties under Article XI, Section 1 and 9 of the Hawai’i Constitution.

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Cause of Action Court Court Rules Laws 197

JURIST

DECEMBER 17, 2020

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.

Cause of Action 131

Cause of Action Legal Legal Court 131

JURIST

FEBRUARY 9, 2024

Kirtz relied on the FCRA for his cause of action, which requires an investigation after receiving notice of a dispute over the completeness or accuracy of any information provided to a consumer reporting agency. Kirtz notified his credit reporting agency, Trans Union, of the incorrect reporting of his loan.

Court Rules 245

Court Rules Government Court Small Business 245

LegalReader

DECEMBER 17, 2020

But because personal injury law encompasses so many situations and causes of action, there is no set number. If you are considering one of these claims, you are probably wondering how much compensation you could recover.

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Personal Injury Cause of Action Personal Injury Attorney Personal Injury Lawyer 111

SCOTUSBlog

NOVEMBER 27, 2023

It should be enough to validate the congressional scheme that the features of the securities cause of action here do not match the elements of the 18th century cause of action for fraud.

Cause of Action 145

Cause of Action Court Administrative Law Statute 145

JURIST

AUGUST 8, 2024

With respect to the government’s first objection to the plaintiffs’ cause of action under section 7 of the Charter, the government argued immigration detention does not engage a person’s rights to liberty and security of the person.

Immigration 129

Immigration Government Cause of Action Court 129

JURIST

DECEMBER 25, 2022

After the ARB rejected Garvey’s complaint, he filed suit against the ARB on the grounds that his complaint states a cause of action for securities fraud under Section 806 of the Sarbanes-Oxley Act.

Court Rules 104

Court Rules Cause of Action Court Laws 104

Diane Drain

JANUARY 30, 2021

2007) (a cause of action “accrues” each time a party fails to perform as required by the contract) and Ortiz v. 2015) (each time the debtor fails to make a payment when it becomes due, a separate breach occurs and a cause of action “accrues”, starting the clock). 569, 572 (9th Cir. Trinity Fin. LLC , 98 F.Supp.

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Statute Cause of Action Contract Finance 104

Mondaq

JULY 26, 2021

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.

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Cause of Action Laws Court 40

Above The Law

MAY 12, 2022

Josh Lambo is suing the Jacksonville Jaguars on a single cause of action. The post An Urban Meyer Kick Could Cost The Jacksonville Jaguars Millions appeared first on Above the Law.

Cause of Action 98

Cause of Action Laws Sports 98

JURIST

SEPTEMBER 24, 2024

The complaint spanning 147 pages seeks injunctions and civil penalties, including causes of action for public nuisance, water pollution, untrue or misleading advertising, and, allegations of fraudulent business practices.

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Cause of Action Technology Attorney 211

Day on Torts

NOVEMBER 2, 2024

Where plaintiff was injured by a dangerous condition on state property created by the gross negligence of a state employee, the Claims Commission Act did not provide a cause of action. In Gordon v. State of Tennessee , No. W2023-01012-COA-R3-CV (Tenn.

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Statute Cause of Action Government 52

SCOTUSBlog

JUNE 8, 2022

In an opinion by Justice Clarence Thomas, the court held that a Washington state innkeeper does not have implied causes of action against a federal agent for alleged First and Fourth Amendment violations arising from the enforcement of immigration laws along the border. Six Unknown Named Agents. Robert Boule is a U.S.

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Cause of Action Court Immigration Laws 104

Conflict of Laws

APRIL 28, 2025

Surprisingly, the First and Second Conflicts Restatements in the United States deviate from this international consensus by narrowly phrasing the exception as a ground for denying a forum to foreign causes of action rather than as a ground for refusing to apply other foreign rules, including those raised as defenses.

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Cause of Action Laws Court 45

JURIST

JANUARY 4, 2023

US Judge Edward Chen for the US District Court for the Northern District of California ruled that Al-Ahmed’s amended complaint’s causes of action were time-barred and improperly pled. Al-Ahmed is a Saudi analyst and critic granted asylum in the US.

Cause of Action 104

Cause of Action Statute Court Laws 104

Mondaq

MAY 18, 2022

Discusses the current state of privacy law. What would a tort of privacy look like? Implications for medical practitioners.

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Cause of Action Tort Laws 40

JURIST

MARCH 5, 2021

There is nothing in the statement which we find so offensive as to give a cause of action for a Court to initiate proceedings. It also reprimanded the petitioners for filing a case when they have no relation to the subject matter and imposed costs of Rs. 50,000 ($684) to “discourage such endeavours.”

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Court Cause of Action Depositions Government 151

SCOTUSBlog

NOVEMBER 22, 2021

If Mississippi wants to pursue its groundwater battle with Tennessee, it will have to file a new complaint with the court asking for an equitable apportionment of the Middle Claiborne Aquifer, which lies beneath Mississippi, Tennessee, and other states.

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Court Cause of Action Litigation Litigating 139

Mondaq

APRIL 11, 2022

Investors in a small company may be inspired by the sales pitch of a founder with grandiose plans and descriptions of potential profits to be earned if they get in on the ground floor.

Cause of Action 40

Cause of Action 40

JURIST

MARCH 7, 2023

The issues to be addressed include whether a foreign corporation can “carry on business” in Australia if it has no other commercial activities or domestic business and whether the requirement of a “prima facie case” requires evidence that could support inferences sufficient to establish the cause of action.

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Prima Facie Case Court Cause of Action Construction 163

HowAppealing

FEBRUARY 17, 2022

Court of Appeals for the Fifth Circuit issued today. In his dissenting opinion , Circuit Judge Jerry E. ” Perhaps the majority agrees.

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Cause of Action Statute Court Laws 100

The Crime Report

JANUARY 13, 2023

Ryu also dismissed an argument from city lawyers, after a motion to dismiss was filed in November, that the suit was invalid because it alleged ‘conspiracy’ as its cause of action, but the city, the police department and other departments “constitute a single legal entity” that cannot conspire.

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Cause of Action Lawyer Lawyers Legal 98

Patently O

SEPTEMBER 29, 2023

First Quality says that the accrual of a claim, the event that triggers the running of a statute of limitations, occurs when “a plaintiff knows of a cause of action,” but that is not ordinarily true. As we wrote in Petrella , “[a] claim ordinarily accrues when [a] plaintiff has a complete and present cause of action.”

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Statute Cause of Action Court Litigation 124