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. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn. internal citations and quotations omitted).
Conflict of Laws
MARCH 23, 2024
Rademacher took a closer look at the BGH’s landmark decision from 1992, which deemed the concept of punitive damages intolerable in Germany mainly because its function to punish and deter doesn’t fall in the scope of German private law’s concept of strict compensation; punishment and deterrence are entirely reserved for criminal law.
ClimateChange-ClimateLaw
NOVEMBER 16, 2020
Maine High Court Said State Law Would Not Preempt Local Ordinance Prohibiting Crude Oil Loading. The Maine Supreme Judicial Court answered certified questions from the First Circuit concerning state law preemption of a City of South Portland ordinance that prohibited bulk loading of crude oil onto vessels in the City’s harbor.
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