Patently O

DECEMBER 18, 2023

TCL Vietnam: Texas law defines ‘doing business’ within the state to include committing a tort in the state. Here, the sale of infringing product in the state is patent infringement — a tort. FRCP 4(h) governs service of process for corporations, including foreign corporations. 4(f)(1).

Tort 62

Tort Court Manufacturing Construction 62

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).

Tort 75

Tort Litigation Litigating Legal 75

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. The next scary moment is likely to be in the form of a torts complaint.

Tort 38

Tort Litigation Litigating Manufacturing 38

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Court Construction 45

Day on Torts

NOVEMBER 30, 2020

6, 2020), plaintiffs were the decedent’s children, who had died while working as a plumber on a construction project. Rather, when a minimum threshold of foreseeability is established, courts must engage in an analysis of the relevant public policy considerations, to determine whether a duty enforceable in tort must be imposed. …

Prima Facie Case 52

Prima Facie Case Construction Contract Tort 52

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. This has long been a controversial element under the FCA because it was largely the result of judicial not congressional construction. 47 U.S.C. § Dirty World Entertainment.

Tort 34

Tort Court Compensatory Damages Punitive Damages 34

Conflict of Laws

OCTOBER 23, 2023

Second, a statute may contain, on its proper construction, a ‘self-limiting’ provision triggered if the applicable law is the lex fori. This is ultimately a consequence of the premium placed on a purposive construction to mandatory laws arising out of the home forum.

Laws 57

Laws Contract Statute Construction 57

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 70

Contract Laws Court Statute 70

Paralegal Bootcamp

JULY 24, 2023

A perfect example might be to compare the interpersonal skills required of a litigation paralegal working in family law or personal injury compared with someone who works in commercial or construction litigation. But with most litigation practices, you pretty much have to be prepared to work long hours as part of the job.

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

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. §

Divorce 59

Divorce Cause of Action Statute Diligence 59

JonathanTurley

JANUARY 29, 2022

We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus. Kilborn wrote a Civil Procedure exam based on an employment discrimination hypothetical.

Laws 34

Laws Law School Education Construction 34

Conflict of Laws

SEPTEMBER 1, 2022

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. The article provides criteria to determine whether the close connection rule in Article 4(3) Regulation Rome II can lead to the application of the law governing the contract.

Contract 10

Contract Tort Procedural Law Court 10

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Even as successful cases against governments have blossomed, private suits face significant barriers. Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. I then preview the significant barriers that Smith still faces.

Litigation 68

Litigation Litigating Laws Tort 68

LexForti

JUNE 2, 2022

This was further supported when the Criminal Law Act, of 1967 did away with these crimes and torts of “maintenance” and “champerty”. Chunder Mookerjee[31] that “TPF agreements are not inherently contrary to public policy”. 11] Third party funding in arbitration in India: setting the law straight, [link] (last visited Apr 8, 2022). [12]

Finance 52

Finance Litigation Litigating Contract 52

JonathanTurley

MARCH 30, 2021

In the prior column , I noted that under tort law a dog is afforded (at most) “one free bite” before strict liability applies. ” The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone.

Tort 46

Tort Personal Injury Construction Government 46

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

In a separate but similar Ninth Circuit appeal, the federal government filed a brief on October 18 urging the court to overturn a district court decision vacating the listing of a ringed seal subspecies as threatened based on climate change threats through the end of the century.

Litigation 40

Litigation Litigating Attorney Court 40

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.

Tort 47

Tort Litigation Litigating Manufacturing 47

SCOTUSBlog

DECEMBER 24, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the Penobscot Nation has regulatory authority over the Penobscot River or only over certain islands in the river, and how broadly to construe the combatant-services exception to the Federal Tort Claims Act. In Penobscot Nation v.

Tort 87

Tort Construction Court Laws 87

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The Tenth Circuit ordered the injunction to remain in place pending consideration of the environmental groups’ appeal of a district court order that declined to vacate mining lease modifications that authorized road construction in the Sunset Roadless Area. California v. 19-17480 (9th Cir. County of Maui v. Sunoco LP , No. Sierra Club v.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Colorado Federal Court Remanded Local Governments’ Climate Case to State Court. The court said the defendants’ argument that the plaintiffs’ state law claims were governed by federal common law appeared to be a matter of ordinary preemption, which would not provide a basis for federal jurisdiction. Rhode Island v. Chevron Corp. ,

Court 40

Court Government Statute Tort 40

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. Without this extension of coverage, the workers might be left without such protection and be forced to rely on a long, expensive civil tort case to obtain a remedy for workplace injury or disease.

Contract 89

Contract Government Statute Construction 89

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit held that the federalism canon—requiring that Congress use “exceedingly clear language” to alter the balance of power between the federal government and the states—did not support an interpretation limiting the best system of emission reduction to measures applied at and to the source. Third, the D.C. WildEarth Guardians v.

Court Reporting 55

Court Reporting Court Construction Government 55

ClimateChange-ClimateLaw

JUNE 8, 2021

In three other cases brought by local and state governments against fossil fuel companies, the Supreme Court granted petitions for writ of certiorari seeking review of decisions affirming remand orders. First Circuit Declined to Bar Construction of Power Line in Maine. Department of Energy , Nos. 21-108, 21-428, 21-564 (2d Cir.

Court 42

Court Statute Government Litigation 42

LawSites

DECEMBER 4, 2023

Finally, we will directly target clients (enterprises and government agencies) with the idea that our track record would help become their preferred partners. Our goal through this stage will be to become a default service provider for litigants (clients) with no preferred eDiscovery vendor. Overture Law is our main competitor in the space.

Document Review 127

Document Review Court Reporting Metadata Court Reporter 127

ClimateChange-ClimateLaw

JULY 2, 2021

The third-party complaint asserted that while the plaintiffs’ claims were meritless, Statoil, “as well as potentially the many other sovereign governments that use and promote fossil fuels,” must be joined as third-party defendants. Chevron filed similar notices of withdrawal in other cases brought by California localities.

Court 45

Court Statute Litigation Litigating 45

ClimateChange-ClimateLaw

APRIL 9, 2021

In February, the Ninth Circuit temporarily enjoined certain construction work for the duration of the appeal. In addition, the court concluded that FOIA obligated DOI to take additional steps to search Zinke’s government-issued phone. Government Accountability & Oversight, P.C. Frosh , No.

Court 115

Court Statute Litigation Litigating 115

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Divided Ninth Circuit Said Juliana Plaintiffs Lacked Standing to Press Constitutional Climate Claims Against Federal Government. Briefing on that motion is scheduled to be completed on February 18, and the developer indicated it would not begin pre-construction activities before February 24. Indigenous Environmental Network v.

Court Reporting 40

Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

The court said its August 2017 decision rejecting challenges under the National Environmental Policy Act (NEPA) and Natural Gas Act to DOE’s authorization of LNG exports at another Texas facility largely governed the resolution of the instant cases. The court also dismissed defamation and related state tort claims.

Court 40

Court Attorney Technology Assisted Review Legal 40