SCOTUSBlog

MARCH 1, 2022

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule considers whether to “extend” the Bivens cause of action to First Amendment retaliation claims and Fourth Amendment claims arising from immigration enforcement near the U.S.

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SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. He urged the court to “finish what it started” and hold that no federal spending conditions are privately enforceable unless Congress says so in the spending enactment.

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Court Statute Cause of Action Contract 88

Day on Torts

NOVEMBER 7, 2022

Plaintiff sent defendant pre-suit notice of his claim on August 28, 2021, then filed this complaint on November 18, 2021, asserting that defendant’s “negligence caused [patient] to develop pressure ulcers, skin impairment, and infection…” Defendant filed a motion to dismiss, arguing that the suit was filed outside the statute of limitations.

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Statute Tort Cause of Action Diligence 59

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

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Court Tort Cause of Action Litigation 52

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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Court Cause of Action Tort Punitive Damages 52

JonathanTurley

NOVEMBER 23, 2021

That is the complaint by two law students (identified only as John Doe and Jane Doe) who allege that they were blackballed for supporting Professor Amy Chua, who was previously discussed as embroiled in a controversy at the school after she defended Justice Brett Kavanaugh. became the subject of pernicious law school gossip.

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Cause of Action Laws Law School Tort 37

At the Lectern

FEBRUARY 11, 2021

At its conference yesterday — a double one — the Supreme Court agreed to answer an employment law question for the Ninth Circuit and left in place a preliminary injunction against Uber and Lyft. Other notable actions included: The court granted the petition for review in Hoffmann v. Code, § 1790 et seq.)

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Court Laws Statute Cause of Action 49

Conflict of Laws

DECEMBER 16, 2020

This is the third online symposium on Private International Law in Nigeria initially announced on this blog. The Nigerian private international law (hereinafter PIL) regime is significantly influenced by the common law. From a comparative perspective, Canadian courts have applied the real and substantial connection test.

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Laws Court Cause of Action Litigation 52

Day on Torts

MAY 3, 2022

After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational. internal citations omitted).

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Tort Cause of Action Court Statute 59

Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. The Court of Appeals began by looking at Tenn. Plaintiff attached a certificate of good faith to each complaint pursuant to Tenn. Code Ann. § In Dotson v.

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Tort Statute Cause of Action Court 59

Day on Torts

DECEMBER 30, 2020

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. The Court of Appeals affirmed this ruling. Booth , 344 S.W.3d

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Cause of Action Statute Tort Court 64

LettersBlogatory

AUGUST 23, 2021

They argued that they had a right of action under 28 U.S.C. 1605(a)(3), which creates an exception to foreign sovereign immunity when the case concerns “rights in property taken in violation of international law.” But the court declined to remand, instead indicating that it would wait for the decision in Nestlé USA v.

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Cause of Action Statute Tort Court 52

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

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SCOTUSBlog

APRIL 15, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Nineteen other states and the District of Columbia have similar laws. In the same year, a divided Supreme Court ruled in National Institute for Family and Life Advocates v. But the 9th Circuit disagreed.

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Cause of Action Tort Court Laws 75

Day on Torts

MARCH 22, 2022

The trial court granted defendant’s motion for summary judgment, finding that plaintiff could not have reasonably relied on defendant’s alleged statement, and the Court of Appeals affirmed. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Contract Tort Real Estate Cause of Action 52

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. The district court rejected all of these arguments, and the U.S. Court of Appeals for the 9th Circuit affirmed.

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Tort Court Laws Litigation 127

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.

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Tort Court Compensatory Damages Punitive Damages 34

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.”. Supreme Court’s Decision. . _ (2022), the U.S. In Bivens v.

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Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. This conclusion is most aligned with Tennessee law and public policy. On appeal, dismissal was affirmed. Code Ann. § Internal citations omitted).

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Tort Cause of Action Statute Court 59

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This raises difficult questions about how to balance the value of data with individual privacy.

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Tort Litigation Litigating Finance 75

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

At the Lectern

APRIL 14, 2021

The Supreme Court today announced a six-case early-May calendar. On May 5, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Bonni v. but, after the court decided Wilson , and disapproved Bonni on one point ( Wilson v. 2019) 7 Cal.5th

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Calendaring Statute Cause of Action Tort 49

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Tort Litigation Litigating Manufacturing 37

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The case was brought against the Federal Minister for the Environment, Sussan Ley, who administers federal environmental law, and the Vickery Coal Pty Ltd.

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ClimateChange-ClimateLaw

MAY 23, 2018

Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law.

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Litigation Litigating Tort Cause of Action 52

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

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Tort Litigation Litigating Manufacturing 38

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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Litigation Litigating Laws Tort 68

Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria.

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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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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Cause of Action Court Tort Civil Law 40

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Court Rules Tort Court Cause of Action 52

Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K. 1 Brussels I Regulation.

Contract 8

Contract Tort Litigation Litigating 8

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

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JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

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Tort Statute Court Criminal Law 33

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 47

Conflict of Laws

DECEMBER 17, 2020

Written by Orji Agwu Uka, Senior Associate at Africa Law Practice (ALP)*. This is the fifth and final online symposium on Private International Law in Nigeria initially announced on this blog. Those pieces of advice and legal representations would have benefitted greatly from a comprehensive private international law treatise.

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Laws Stare Decisis Legal Legal 52

SCOTUSBlog

JULY 1, 2021

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.

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