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Cause of Action? Personal Injury 101
LegalReader
JANUARY 15, 2021
Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.
Cause of Action Related Topics 
Maddin, Hauser, Roth & Heller, P.C. Appoints Kaitlin A. Brown to Executive Committee
LegalReader
FEBRUARY 3, 2021
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
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
India: Supreme Court Holds That A Decree Or A Recovery Certificate Constitutes A Fresh Cause Of Action For IBC Proceedings - Khaitan & Co
Mondaq
AUGUST 17, 2021
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
SEPTEMBER 2, 2021
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
AUGUST 26, 2021
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
AUGUST 17, 2021
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
AUGUST 10, 2021
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
AUGUST 13, 2021
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
JANUARY 30, 2021
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
DECEMBER 17, 2020
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.
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Arkansas Senate approves bill banning gender-affirming care for trans minors
JURIST
MARCH 30, 2021
” 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
DECEMBER 17, 2020
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
FEBRUARY 5, 2021
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
FEBRUARY 5, 2021
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
JUNE 8, 2021
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
JULY 23, 2021
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
FEBRUARY 20, 2021
On Wednesday, the Utah House of Representatives passed the controversial HB302 Bill, “Preserving Sports for Female Students,” effectively banning transgender athletes from female sports.
Arkansas House approves bill banning transgender athletes from women’s sports
JURIST
MARCH 23, 2021
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.”
California Cannabis Claims: Defamation
HarrisBricken
JANUARY 30, 2021
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
APRIL 12, 2021
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.
US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill
JURIST
JUNE 20, 2021
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
JUNE 4, 2021
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.
Territorial Jurisdiction for Breach of Contract in Nigeria or whatever
Conflict of Laws
MAY 31, 2021
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
SEPTEMBER 15, 2021
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.
A Critique On The Territorial Jurisdiction Of Courts In India
LexForti
JUNE 4, 2021
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
MARCH 5, 2021
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
DECEMBER 30, 2020
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
SEPTEMBER 10, 2021
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.
Mareva injunctions, submission and forum non conveniens
Conflict of Laws
FEBRUARY 18, 2021
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
AUGUST 5, 2021
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
APRIL 9, 2021
” 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
JULY 26, 2021
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
MAY 30, 2021
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.
Cannabis Litigation: Curaleaf Wins Dismissal of Securities Class Action Lawsuit
HarrisBricken
MARCH 4, 2021
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
AUGUST 9, 2021
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
JUNE 25, 2021
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
MARCH 30, 2021
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
FEBRUARY 27, 2021
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
SEPTEMBER 10, 2021
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.
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