Day on Torts
FEBRUARY 10, 2022
Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”
Conflict of Laws
JUNE 7, 2022
This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).
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Day on Torts
AUGUST 9, 2021
On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.” Code Ann. §
ClimateChange-ClimateLaw
JULY 2, 2021
The court said the petitioner’s “alleged aesthetic injuries reflect nothing more than generalized grievances,” that her allegations regarding traffic hazards did not meet her causation burden, and that alleged construction-related injuries were not redressable because construction was complete. Environmental Defense Fund v.
ClimateChange-ClimateLaw
APRIL 9, 2021
In February, the Ninth Circuit temporarily enjoined certain construction work for the duration of the appeal. The order came in response to a petition challenging the government of West Bengal’s plans to cut hundreds of trees, some up to 150 years old, in order to construct roads over bridges and widen roads.
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