Day on Torts
DECEMBER 5, 2022
Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.
Day on Torts
MARCH 9, 2022
Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed. After entering an injunction, the trial court granted plaintiff’s motion for summary judgment against both defendants, and the Court of Appeals affirmed.
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Day on Torts
OCTOBER 20, 2023
Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. On appeal, the trial court was reversed. Continue reading
JURIST
OCTOBER 16, 2023
The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.
Day on Torts
MAY 24, 2022
Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v.
JonathanTurley
OCTOBER 23, 2021
The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,
Conflict of Laws
MARCH 23, 2024
It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g.
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