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No cause of action against employers for take-home COVID

At the Lectern

In other words, there’s no legal exposure for employee family member virus exposure. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says.

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Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act

Day on Torts

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.”

Tort 59
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Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

Statute 99
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Tennessee “Discovery Rule” Applied to Vehicle Crash Case

Day on Torts

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. Defendants moved to dismiss based on the statute of limitations.

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Case of the Day: Scalin v. Société Nationale SNCF

LettersBlogatory

On the other hand, it is very hard to see why, more than 75 years after the crimes of the Nazis and their French collaborators in France, a foreign national (or more precisely, his or her descendants) should have a legal remedy in a US court, for all sorts of reasons. As with the Germany v. But before the appeal was argued, in Philipp v.

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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 88
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A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

SCOTUSBlog

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. Thyssen-Bornemisza National Museum).

Tort 127