JURIST

JUNE 2, 2022

A Florida appeals court Wednesday held that the University of South Florida (USF) cannot invoke sovereign immunity to avoid a COVID-19 student fees lawsuit. USF appealed a trial court’s denial of “its motion to dismiss in which it asserted the defense of sovereign immunity.”

Court Rules 104

Court Rules Contract Court Tort 104

Day on Torts

MARCH 9, 2022

Where the evidence clearly established the elements of intent and malice in an inducement of breach of contract case, summary judgment for plaintiff was affirmed. Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed.

Compensatory Damages 59

Compensatory Damages Contract Healthcare Tort 59

Conflict of Laws

SEPTEMBER 9, 2021

AG Saugmandsgaard Øe observes in his Opinion presented today in the case HRVATSKE ŠUME, C-242/20, the Court of Justice has already faced requests for a preliminary ruling where arose a question on qualification of an action for unjust enrichment for the purposes of the Brussels I Regulation.

Tort 40

Tort Contract Court 40

Conflict of Laws

AUGUST 9, 2021

Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law. This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’ Tort conflicts rules in China and the EU.

Tort 52

Tort Litigation Litigating Laws 52

Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

Contract 52

Contract Tort Real Estate Cause of Action 52

SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

Statute 99

Statute Court Contract Tort 99

Conflict of Laws

MARCH 24, 2024

Answering these questions, this article explores the recent expansion from judicial mediation to Specially-Invited Mediation at the people’s courts in China and discusses whether the features of Specially-Invited Mediation impact the recognition and enforcement of MTS at the common law jurisdictions.

Laws 57

Laws Contract Tort Court 57

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. At issue here was Tenn. Code Ann. § Continue reading

Tort 59

Tort Contract Cause of Action Construction 59

Conflict of Laws

AUGUST 23, 2023

1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

Contract 52

Contract Laws Civil Law Procedural Law 52

JURIST

JANUARY 14, 2022

Account holders Thursday filed a class action lawsuit against PayPal in the US District Court for the Northern District of California. Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment.

Punitive Damages 211

Punitive Damages Tort Contract Legal 211

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. They contracted to travel on the cruise in different parts of the world, and according to Princess, were subject to different terms and conditions subject to different systems of law. The ship is registered in Bermuda.

Contract 70

Contract Laws Court Statute 70

Conflict of Laws

JUNE 26, 2022

265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art. Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

Contract 52

Contract Litigation Litigating Tort 52

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. He urged the court to “finish what it started” and hold that no federal spending conditions are privately enforceable unless Congress says so in the spending enactment.

Court 88

Court Statute Cause of Action Contract 88

Conflict of Laws

FEBRUARY 26, 2022

Bianca Scrabak has recently published an innovative book on international jurisdiction in contract and tort under the Brussels Ia Regulation, in which she develops a comprehensive solution for cases in which Article 7(1) and 7(2) vest special jurisdiction in the courts of more than one Member State.

Tort 52

Tort Contract Court Legal 52

At the Lectern

DECEMBER 7, 2021

The Ninth Circuit yesterday asked the Supreme Court to resolve a question of California law that will decide a federal action against Uber arising from the alleged improper launch of the company’s ridesharing platform in Argentina. Asked and answered: California Supreme Court responses to Ninth Circuit questions.

Court 49

Court Tort Contract Legal 49

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. internal citation omitted).

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

OCTOBER 24, 2022

UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” The trial court granted the motion, finding that defendant had absolute immunity, and the Court of Appeals affirmed.

Tort 45

Tort Contract Court Statute 45

Day on Torts

JUNE 21, 2022

The trial court granted defendant’s motion to dismiss, ruling that the complaint did not establish that the “retaking of the automobile was in defiance of the true owner’s rights,” and the Court of Appeals affirmed. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Divorce Statute Contract 59

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigation 52

At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

Statute 49

Statute Tort Contract Court 49

Day on Torts

MAY 13, 2022

The trial court in the underlying case granted the opposing party summary judgment based on several legal grounds, including that while expungement by executive order was a favorable outcome for purposes of a malicious prosecution claim, plaintiff had failed to show that a judicial expungement should be treated in the same way.

Legal 59

Legal Legal Tort Statute 59

Conflict of Laws

MARCH 27, 2024

The rules regarding service outside the jurisdiction are about to change for the Supreme Court of Western Australia. In a March notice to practitioners , the Chief Justice informed the profession that the Supreme Court Amendment Rules 2024 (WA ) ( Amendment Rules ) were published on the WA legislation website on 26 March 2024.

Tort 62

Tort Litigation Litigating Court 62

Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. After discovery, DSS filed a motion for summary judgment, which the trial court granted. The Court explained: In this case, it is undisputed that DSS did not own or operate the property.

Tort 59

Tort Construction Court Statute 59

Day on Torts

NOVEMBER 15, 2022

The counterclaim asserted claims for breach of contract, libel and slander based on statements allegedly made online and to third parties by plaintiffs about defendant. The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Conflict of Laws

DECEMBER 21, 2023

The book is regularly cited in English courts, and it is likely that this tradition will be maintained in the 6 th edition of the book. In this new edition over 70 recently decided cases (from the UK, Court of Justice of the European Union (“CJEU”) and other Member States of the EU) have been incorporated into the analysis.

Laws 57

Laws Contract Tort Court 57

Conflict of Laws

DECEMBER 16, 2021

In its Judgment BT v Seguros Catalana Occidente, EB, Case C-708/20 , rendered on 9 December 2021, the Court of Justice of the European Union interpreted Article 13 Brussels Ibis Regulation. Amongst other things, the provision at hand takes into consideration direct actions of the injured party against the insurer domiciled in a Member State.

Tort 98

Tort Contract Court Laws 98

Conflict of Laws

MARCH 14, 2023

Developments such as the establishment of the Singapore International Commercial Court, the incorporation of the Hague Convention on Choice of Court Agreements into Singapore law, and the enactment of the Insolvency, Restructuring and Dissolution Act 2018, have all thrown the country into a period of rapid growth.

Laws 52

Laws Tort Contract Legal 52

Day on Torts

FEBRUARY 16, 2022

Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. internal citation omitted). This opinion was released 1.5

Tort 59

Tort Construction Statute Court 59

Conflict of Laws

MARCH 25, 2021

Back in November 2020, we reported about the Opinion delivered by Advocate General Bobek in the case Obala i lucice, C-307/19, in which he revisited the case law built upon the judgment of the Court of Justice in Pula Parking, C-551/15. This Thursday, the Court rendered its judgment in the case in question. Legal and factual context.

Tort 52

Tort Contract Court Legal 52

Conflict of Laws

DECEMBER 17, 2021

This is the twofold question that a Croatian court addressed to the Court of Justice in the case HRVATSKE ŠUME, C-242/20. Last week, on 9 th December, the Court handed down its judgment in this case. Nor it is a “matter relating to tort, delict or quasi-delict” within the meaning of Article 5(3) of the Regulation (point 79).

Tort 40

Tort Contract Court Government 40

Conflict of Laws

MARCH 30, 2021

Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance. Lyu Yan wanted to transfer money from China to Singapore.

Laws 52

Laws Contract Tort Government 52

Conflict of Laws

OCTOBER 23, 2023

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Many passengers contracted COVID-19; some died. The company is incorporated in Bermuda.

Laws 57

Laws Contract Statute Construction 57

Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

Attorney 59

Attorney Court Contract Divorce 59

Conflict of Laws

FEBRUARY 19, 2024

We then looked at the nature of the healthcare contract to assess whether patients can fall into the category of consumers and consequently enjoy the protection reserved to them. This issue also comprises the following comment: Ginevra Greco , Researcher at the University of Milan, Il c.d.

Healthcare 67

Healthcare Litigation Litigating Tort 67

Conflict of Laws

OCTOBER 3, 2022

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Several years ago, I published a paper that examined how U.S.

Laws 52

Laws Drafting Litigation Litigating 52

SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Begani was tried and convicted by court-martial. In his petition, Begani asks the Supreme Court to review this decision and to limit military jurisdiction over retirees. In 2011’s AT&T Mobility LLC v. In Morgan v.

Contract 83

Contract Government Tort Court 83