Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. At issue here was Tenn. Code Ann. § Continue reading

Tort 59

Tort Contract Cause of Action Construction 59

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.”

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

Tort 32

Tort Court Compensatory Damages Punitive Damages 32

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Vacated Permits for Methanol Refinery and Export Terminal, Citing Failure to Consider Indirect Cumulative Greenhouse Gas Impacts. The federal district court for the Western District of Washington vacated U.S. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. Zepeda , No.

Court 55

Court Government Litigation Litigating 55

SCOTUSBlog

DECEMBER 24, 2020

Another case involves certain construction projects that are part of the U.S.-Mexico If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction. Department of Justice , after a district court ruled for the challengers, the U.S.

Immigration 103

Immigration Construction Government Cause of Action 103

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” The haunted house was constructed of 2×4s and black visqueen.

Tort 40

Tort Litigation Litigating Manufacturing 40

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious.

Litigation 40

Litigation Litigating Court Laws 40