Day on Torts

AUGUST 2, 2021

At that time, Officer Godsey and a 911 operator “casually discussed the situation…[and] no action was taken then to shut down the highway or undertake any other preventative measures.” One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.”

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Tort Cause of Action Statute Court 59

Day on Torts

JANUARY 11, 2021

Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. The Court next analyzed whether this case fell within the third special duty exception based on the deputy’s alleged reckless conduct. internal citation omitted).

Cause of Action 59

Cause of Action Tort Court Statute 59

Conflict of Laws

APRIL 25, 2024

3] This objective of this reform was to render it ‘unnecessary for a claimant to scrutinise the long list of permissible cases set out in the existing Rules in the hope of fitting into one or more descriptions.’ [4] 21] Order 8 rule 1(3) is missing the first option.

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Court Cause of Action Laws Contract 68

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

Tort 59

Tort Cause of Action Court Statute 59

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”)

Statute 57

Statute Cause of Action Court Rules Court 57

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. §

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Tort Court Compensatory Damages Punitive Damages 33

Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Thus, a court may only stretch its jurisdictional arm outside its territory in certain limited circumstances. [12]

Court 76

Court Contract Statute Laws 76

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The lower courts and the UK Supreme court agreed with Shell. This was a one-off event and not a continuing nuisance.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. European Court of Human Rights). Zepeda , No. 80593-2-I (Wash. 19-1230 (D.C.

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Court Government Litigation Litigating 55

SCOTUSBlog

JUNE 16, 2022

Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment.”

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Government Education Court Cause of Action 100

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.” She blamed the kid as “old enough to … follow the rules.”

Tort 44

Tort Litigation Litigating Manufacturing 44

JonathanTurley

FEBRUARY 20, 2021

Both parties agreed that Virginia law would govern on choice of law since Nunes initiated this lawsuit in Virginia. That triggered Virginia’s application of the doctrine of lex loci delicti where “the law of the place of the wrong governs all matters related to the basis of the right of action.” Budget RentA-Car Sys.,

Tort 32

Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Rhode Island v. Shell Oil Products Co. ,

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Litigation Litigating Court Laws 40