SCOTUSBlog

MAY 29, 2025

Government contractors defenses to torts The GEO Group, Inc. Ross Construction Co. Hencely sued Fluor in tort, alleging negligent hiring, supervision, and retention under South Carolina law, as well as third-party contract claims. Four of these are newly relisted cases. under contract with U.S. Army Specialist Winston Hencely.

Government 82

Government Tort Contract Court 82

Conflict of Laws

APRIL 25, 2025

He proposed to assess the legality of content under the law designated by the conflicts rule for torts invokable by the victim, either as applicable law or as law to be taken into consideration at the level of substantive law. Brhin based this proposal on the rationale of Art.3(h) 3(h) DSA and Art.14(4) 24(2) UPCA.

Laws 64

Laws Legal Legal Court 64

JURIST

OCTOBER 16, 2023

This argument again focused on “doctrinal uncertainty” in state legislatures on how to construct statutes that do not implicate the First Amendment. Third, the state contended that the case was incorrectly decided. ” None of the arguments persuaded the Supreme Court to weigh in.

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

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

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).

Construction 59

Construction Tort Statute Court 59

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association specializing in tort law.

Legal Assistant 264

Legal Assistant Legal Assistance Legal Legal 264

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.

Litigation 143

Litigation Litigating Construction Tort 143

JURIST

APRIL 3, 2021

The court held a state tort lawsuit could not be brought against Chevron for environmental protection reasons because federal law, not state, applies. The US Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling on Thursday dismissing New York City’s suit against Chevron.

Court 118

Court Tort Construction Laws 118

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).

Construction 52

Construction Tort Statute Court 52

Paralegal Bootcamp

APRIL 15, 2022

She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law. Her areas of expertise included multi-district litigation, such as the Dalkon Shield, L-Tryptophan, and Breast Implant cases, as well as in construction law.

Paralegal 246

Paralegal Paralegals Legal Assistant Legal Assistance 246

Day on Torts

FEBRUARY 16, 2022

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

Tort 59

Tort Construction Statute Court 59

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.

Tort 59

Tort Construction Depositions Statute 59

Mondaq

JUNE 15, 2022

On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 ("JV Somerset").

Tort 40

Tort Construction Court 40

Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. At issue here was Tenn. Code Ann. §

Tort 59

Tort Contract Cause of Action Construction 59

Paralegal Bootcamp

MAY 20, 2022

She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law. Her areas of expertise included multi-district litigation, such as the Dalkon Shield, L-Tryptophan, and Breast Implant cases, as well as in construction law.

Paralegal 246

Paralegal Paralegals Attorney Calendaring 246

ClimateChange-ClimateLaw

JUNE 26, 2023

Japan ) Two weeks later, a civil complaint involving the same facts received a first-instance judgment rejecting the request for an injunction to block the construction and operation of coal-fired power plants. and requested an injunction to block the construction and subsequent operation of two coal-fired power plants.

Court 115

Court Construction Litigation Litigating 115

Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Patently O

FEBRUARY 19, 2023

Part of the district court’s justification here was a preliminary consideration of the merits of the lawsuit: narrowed claim construction eliminated literal infringement; and a finding that the patentee was estopped from asserting DOE. Judge Buescher (D.Neb.)

Tort 122

Tort Litigation Litigating Construction 122

Day on Torts

SEPTEMBER 14, 2022

A premises liability plaintiff must prove the elements of the tort, but must also “first prove that a dangerous or defective condition existed on the owner’s property” and must show that the defendant either created the dangerous condition or had actual or constructive notice of the condition.

Tort 59

Tort Construction Court Statute 59

Day on Torts

FEBRUARY 10, 2022

Plaintiff argued that it did not have actual or constructive knowledge of the alleged malpractice until the Court of Appeals issued its opinion in September 2018, but the Court of Appeals rejected this argument. Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Legal 59

Legal Legal Tort Statute 59

Mondaq

JULY 1, 2022

The Alberta Court of Appeal (the "Court") recently heard a summary judgement application involving a condominium board that had made a claim in tort that a developer owed a duty of.

Tort 40

Tort Construction Court 40

Paralegal Bootcamp

FEBRUARY 3, 2025

Most paralegal certificate programs only teach you the basics of theory and terminology in the core areas of civil litigation, real estate, corporate, and torts. There are so many other practice areas to consider when youre ready to become a paralegal.

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Paralegal Paralegals Paralegal Certificate eDiscovery 130

Day on Torts

AUGUST 10, 2022

The Court found that “the Commission could not warn [plaintiff] about a condition of which it did not have actual or constructive notice,” and therefore affirmed summary judgment based on the Recreational Use Statutes. internal citation omitted). This opinion was released 6.5 months after oral arguments in this case.

Statute 59

Statute Tort Construction Court 59

Day on Torts

JUNE 7, 2022

29-20-203(a) or § 29-20-204(a), a defendant will only be liable for an injury caused by a dangerous condition if the defendant had “constructive and/or actual notice” of the condition. Note: Chapter 41, Section 7 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Under Tenn.

Depositions 59

Depositions Tort Court Construction 59

Day on Torts

MARCH 28, 2022

In its analysis, the Court of Appeals first looked at whether plaintiff had shown that defendant had actual or constructive notice of the trough at issue in this case. The Court also found that there was no genuine issue of fact regarding constructive notice. This opinion was released 4.5 months after oral arguments in this case.

Tort 45

Tort Construction Court Rules Court 45

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

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. He argued the defendants’ activities amount to torts of public nuisance and negligence, and also raised a novel claim asserting that the defendants have a climate duty.

Litigation 75

Litigation Litigating Laws Tort 75

JonathanTurley

OCTOBER 30, 2021

Hill accepted the fine but downplayed the offense and punishment as “constructive criticism”: “As a physician and a professional, I always look for ways to improve my practice. Sometimes this includes accepting constructive criticism from others. That would make for a difficult tort case.

Tort 49

Tort Construction Legal Legal 49

Day on Torts

MAY 10, 2022

Plaintiff essentially argued that defendant “had constructive notice that [the dog] returned to the property and was inside Ms. Note: Chapter 29, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Branch’s mobile home on January 31 because [defendant] knew that Ms.

Tort 52

Tort Construction Depositions Court 52

Day on Torts

MAY 31, 2022

However, VUMC’s actual or constructive knowledge is not our concern. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In our case, the second and third pre-suit notices were directed to ‘Vanderbilt University.’ This opinion was released 3.5

Tort 59

Tort Statute Court Construction 59

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. The Hong Kong and PRC defendants argued that the approach did not comport with the Hague Convention. 4(f)(1).

Tort 64

Tort Court Construction Manufacturing 64

The Crime Report

MARCH 25, 2022

An elaborate architecture of devices, habits and cultural norms, designed and constructed to protect practitioners from embarrassment, uncertainty and sanction, corrodes recognition of why and how what the practitioners do (and don’t do) matters. The civil justice system might seem to offer a substitute. After all, as UCLA Prof.

Lawyers 111

Lawyers Lawyer Litigation Litigating 111

Day on Torts

OCTOBER 19, 2021

Moreover, the Court pointed out that the evidence supported a finding that the sinkhole in question “existed years before [defendant] constructed its new building” on the higher property. Tort cases based on the flow of surface water often include claims for trespass and/or nuisance.

Construction 59

Construction Tort Court Rules Court 59

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.

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Tort Court Compensatory Damages Punitive Damages 42

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.

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Paralegal Paralegals Litigation Litigating 130

Conflict of Laws

NOVEMBER 14, 2022

Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age. He highlighted the diversity of civil cyber-torts, as well as the challenges of locating the torts that are committed on-line. Through his lecture, prof.

Tort 52

Tort Contract Laws Statute 52

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 Construction Court 45

The Volokh Conspiracy

JUNE 26, 2025

The Court noted that when the underlying tort collapses, 'there can be no cause of action for conspiracy.' The Court presumes that Youngblood' s briefs were constructed by generative artificial intelligence used by Blackburn, rather than an effort by Blackburn to personally construct false and misleading briefs. Blackwell v.

Drafting 58

Drafting Cause of Action Attorney Court 58