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Premises liability summary judgment affirmed based on lack of constructive notice.

Day on Torts

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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Conversion claim was time-barred due to plaintiffs’ constructive notice of claim.

Day on Torts

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. §

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Reschedule Watch: Birthright citizenship and torts to members of the armed forces

SCOTUSBlog

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.

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Plaintiff could not show constructive notice in GTLA premises liability case where she could not show how long dangerous condition had existed.

Day on Torts

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).

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US Supreme Court allows federal agents to cut Texas border fencing

JURIST

The Biden administration requested the decision to allow federal agents to access the border without facing tort claims from Texas. The US Supreme Court voted 5-4 on Monday to permit federal border patrol agents to cut the razor wire that Texas installed on the US-Mexico border. The Supreme Court will address the case in full this session.

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Canada: Can Condominium Developers Be Liable In Tort For Construction Deficiencies? - Miller Thomson LLP

Mondaq

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").

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US Supreme Court declines North Carolina appeal in undercover investigations case

JURIST

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.