Day on Torts

NOVEMBER 7, 2022

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Statute Tort Cause of Action Diligence 59

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

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp. Chevron Corp.

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Court Tort Cause of Action Litigation 80

SCOTUSBlog

JUNE 8, 2023

1983 and allowing private damages actions to enforce the Federal Nursing Home Reform Act of 1987. FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds.

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Statute Court Contract Tort 99

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply. internal citation omitted).

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Tort Cause of Action Court Statute 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. Defendants moved to dismiss based on the statute of limitations.

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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.” Their claim did not arise under the ATS or under state law, but under the FSIA itself.

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Cause of Action Statute Tort Court 52

Day on Torts

MAY 11, 2022

The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Statute Cause of Action Court 59

Day on Torts

MARCH 22, 2022

Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.” Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Contract 52

Contract Tort Real Estate Cause of Action 52

SCOTUSBlog

NOVEMBER 11, 2022

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.

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Court Statute Cause of Action Contract 88

Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. But under Article III, an injury in law is not an injury in fact.

Court 52

Court Cause of Action Tort Punitive Damages 52

Day on Torts

DECEMBER 8, 2022

It amounted to more than mere denials of the plaintiff’s cause of action and sought affirmative relief under the TPPA including attorney fees and sanctions. Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Statute Attorney Court 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. In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court.

Court 52

Court Tort Cause of Action Litigation 52

SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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Cause of Action Tort Court Laws 75

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. The court granted review in People v.

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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. Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic.

Laws 52

Laws Court Cause of Action Litigation 52

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.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

Cause of Action 52

Cause of Action Court Tort Immigration 52

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). They alleged negligence, breach of s 6 of the CGA and breaches of the FTA.

Manufacturing 67

Manufacturing Court Statute Laws 67

SCOTUSBlog

JANUARY 16, 2022

He sued both Spain and the museum, alleging California common law claims including conversion and unlawful possession of personal property, and sought both damages and the return of the painting. That question turned on whether California law or Spanish law governed. Tompkins , requires the application of state law.

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Tort Court Laws Litigation 127

Day on Torts

APRIL 29, 2021

She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.” This conclusion is most aligned with Tennessee law and public policy.

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Tort Cause of Action Statute Court 59

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 36

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6]

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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. Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied.

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Cause of Action Tort Court Statute 59

At the Lectern

APRIL 14, 2021

Qualcomm Inc. : Can a company that hires an independent contractor be liable in tort for injuries sustained by the contractor’s employee based solely on the company’s negligent failure to undertake safety measures or is more affirmative action required to implicate Hooker v. The change in the law is Senate Bill 136.

Calendaring 49

Calendaring Statute Cause of Action Tort 49

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. Well, give it enough time and someone will prove you wrong.

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Tort Litigation Litigating Manufacturing 37

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. Craigslist, Inc. ,

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Tort Court Compensatory Damages Punitive Damages 34

ClimateChange-ClimateLaw

MAY 23, 2018

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. BP P.L.C. , Three weeks later, on June 13, Judge John F. BP P.L.C. , At the moment, it’s pretty messy out there.

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Litigation Litigating Tort Cause of Action 52

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. All three of Smith’s claims will now proceed to what may the be first full climate tort claim in a common law jurisdiction.

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Litigation Litigating Laws Tort 66

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 jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Significance for future litigation .

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Litigation Litigating Court Personal Injury 40

Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. As the learned authors of “Private International Law in Nigeria” brilliantly summarised, [16] there are at least three reasons for this conclusion. Territorial Jurisdiction of Courts in Nigeria.

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Court Contract Statute Laws 76

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.

Contract 8

Contract Tort Litigation Litigating 8

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. He also sued the officers individually under the implied cause of action recognized by Bivens. In Brownback v. King ,592 U. 2676 and precluded him from raising separate claims under Bivens v. .

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Court Rules Tort Court Cause of Action 52

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Restatement (Second) of Torts § 577A(3) (Am.

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Tort Immigration Cause of Action Court Rules 50

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. She also threatened another woman with a carving knife.

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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 46

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