Day on Torts
AUGUST 2, 2022
In its analysis, the Court of Appeals ruled that plaintiffs had constructive notice of their claim in October 2009. Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. On appeal, this ruling was reversed. Conversion is subject to a three-year statute of limitations. Code Ann. §
Day on Torts
FEBRUARY 17, 2022
Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).
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SCOTUSBlog
OCTOBER 13, 2022
United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. The case involves the so-called Feres doctrine, after Feres v.
Day on Torts
OCTOBER 11, 2022
Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. Plaintiff attempted to prove constructive notice through two theories. In Mitchell v. Code Ann. § 29-20-203(b).
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. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”
ClimateChange-ClimateLaw
JUNE 1, 2022
Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal.
Day on Torts
FEBRUARY 22, 2022
Where the State had an easement on plaintiff’s property for the construction and maintenance of a drainage facility, but plaintiff had no evidence that the faulty concrete structure causing flooding on his property was installed by the State, summary judgment on his nuisance claim was affirmed. In Walker v. State , No.
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