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.

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Australia: Australia considers a statutory cause of action for serious invasion of privacy - Kennedys

Mondaq

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

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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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Canada: "Decision Regret" Is Not A Cause Of Action For Disgruntled Start-Up Investors - Gardiner Roberts LLP

Mondaq

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

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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

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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

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An Urban Meyer Kick Could Cost The Jacksonville Jaguars Millions

Above The Law

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. Sports Darren Heitner Football Jacksonville Jaguars Urban Meyer

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SCOTUS Cert Grant on Bivens: Egbert v. Boule

LPB Network

Boule, which presents the following questions: Whether a cause of action exists under Bivens for First Amendment retaliation claims. Whether a cause of action exists under Bivens for claims against federal.

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Former Raiders Head Coach Jon Gruden Is Suing The NFL And Commissioner Roger Goodell

Above The Law

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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UK: Summary Of Section Limitation Act 1980 - 1 Chancery Lane

Mondaq

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued

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UK: Jurisdiction Under Article 33(2) Of The Montreal Convention: The Decision In Akulinina And Another v Ifly SA [2022] EWHC 166 (QB) - 1 Chancery Lane

Mondaq

The Montreal Convention provides the sole cause of action where a passenger is injured or killed in the course of carriage by air

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Transgender sports ban passes Pennsylvania House

JURIST

The Pennsylvania House of Representatives Tuesday passed a bill that would prohibit transgender girls and women from competing on sports teams consistent with their gender identity. Athletic teams designated for females would not be open to students of the male sex.

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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

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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

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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.

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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?

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United States: Massachusetts Supreme Judicial Court Recognizes Wrongful Discharge Claim For Employees Exercising Rebuttal Rights Under Personnel Record Statute - Foley Hoag LLP

Mondaq

On December 17, 2021, the Supreme Judicial Court of Massachusetts (SJC) held that an employee has a cause of action against an employer for wrongful discharge where the employer terminates the employee for

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Students Sue California Lutheran University For Slander Over College Skit

JonathanTurley

The claim is part of a broader claim alleging discriminatory treatment given to the CLU Women’s Softball program as opposed to the CLU Men’s Baseball program. In a bizarre twist, the complaint includes a picture of the former university president Chris Kimball dressed as Bob Marley.

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United States: New Jersey Expands Age Discrimination Protections - Ford & Harrison LLP

Mondaq

On October 5, 2021, Governor Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination (NJLAD) that significantly expand causes of action available to older workers

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United States: Seventh Circuit Tosses BIPA Class Action On Federal Labor Law Preemption Grounds - Seyfarth Shaw LLP

Mondaq

20, 2021), that a cause of action filed under the Illinois Biometric Information Privacy Act by employees of Kerry, Inc On September 20, 2021, the Seventh Circuit ruled in Fernandez v. Kerry, Inc., 21-1067 (7th Cir.

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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.

91

California sues Tesla for discrimination and harassment of Black workers

JURIST

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.

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California state agency sues Tesla for discrimination, harassment of Black employees

JURIST

Following a three-year investigation, California’s Department of Fair Employment and Housing (DFEH) sued Tesla Motors and fifty representatives Thursday, alleging its work environment violated the Fair Employment and Housing Act (FEHA) and other laws with regard to Black employees.

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Fifth Circuit restores Texas abortion law two days after lower court blocked it

JURIST

The Fifth Circuit Court of Appeals on Friday has temporarily reinstated Texas’ six-week abortion ban after a lower court had blocked the law just two days earlier. Pitman found that the law would subject citizens of Texas to irreparable harm if it were allowed to stand.

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Texas sues Planned Parenthood, demands repayment of $10M in Medicaid funding

JURIST

The State of Texas submitted a complaint Thursday in the US District Court for the Northern District of Texas demanding Planned Parenthood repay $10 million in Medicaid reimbursements. The Act bars any improper avoidance of payment to the state under the Medicaid program.

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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.”

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Border agents, the First Amendment, and the continued vitality of Bivens

SCOTUSBlog

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn.

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Yale Law Students Sue Over Alleged “Blackballing” For Supporting Law Professor

JonathanTurley

We have often discussed how dissenting faculty and students are increasingly subjected to retaliation for the exercise of free speech or free association on campuses. They are seeking damages of not less than $150,000. became the subject of pernicious law school gossip.

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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.

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“5th Circuit Is on Fire, Judge Says, as Panel Fractures Over Vaccine Mandate; The unpublished 80-page opinion said United Airlines workers might suffer irreparable injury without an injunction against the company’s vaccine mandate”

HowAppealing

“5th Circuit Is on Fire, Judge Says, as Panel Fractures Over Vaccine Mandate; The unpublished 80-page opinion said United Airlines workers might suffer irreparable injury without an injunction against the company’s vaccine mandate”: Avalon Zoppo of The National Law Journal has this report on a non-precedential ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

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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.

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Court rules against plaintiff seeking emotional distress damages for discrimination

SCOTUSBlog

Share The Supreme Court on Thursday ruled 6-3 against a plaintiff seeking emotional distress damages for alleged violations of certain federal anti-discrimination laws. Check back soon for in-depth analysis of the opinion.

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Walmart Argues That it is Shielded From Yeezy, Kanye West Lookalike Shoe Case by Section 230

The Fashion Law

On the heels of Yeezy and West naming Walmart and co. in an unfair competition complaint in California state court in June, Walmart is looking to get the case tossed out of court on the basis that it is shielded from liability by Section 230 of the Communications Decency Act.

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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.

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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].

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