SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 88

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.” Note: Chapter 98, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Contract Court Statute 45

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.

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Cause of Action Tort Court Construction 45

Conflict of Laws

JANUARY 12, 2021

It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. It is thought to be a significant jurisdictional obstacle in transboundary environmental disputes involving foreign land.

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Laws Tort Contract Court 52

Day on Torts

AUGUST 12, 2021

WTMG is a governmental entity under the definitions in the Governmental Tort Liability Act. The GTLA defines government employees in Tenn. When plaintiffs filed their complaint, they named only the doctor as a defendant. 29-20-310(b)). Code Ann. §

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Tort Court Statute Contract 59

The IP Law Blog

MARCH 2, 2021

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts litigation in U.S.

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Manufacturing Mens Rea Contract Tort 52

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. What does it mean to act reasonably in a changing climate? John Kerry, then U.S.

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Lawyer Lawyers Law Firm Law Firms 65

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case.

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Laws Court Contract Legal 98

Conflict of Laws

SEPTEMBER 1, 2022

Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. It points out that the Regulation Rome I covers only obligations that would not exist without the contract. Recent decisions have clarified some issues.

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Contract Tort Procedural Law Court 10

Conflict of Laws

AUGUST 19, 2021

As an illustrative example, a High Court of a State in Nigeria or that of the Federal Capital Territory, Abuja has jurisdiction over the subject matter of a simple contract. The court has no power to order service out of the area of its jurisdiction except where so authorised by statute or other rule having force of statute.”

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Court Contract Statute Laws 76

Conflict of Laws

OCTOBER 29, 2021

A claim of a corporation against another in relation to a breach of contract between the two is an example of a dispute related to external affairs of a corporation. Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] Here, different considerations seem to apply.

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Government Laws Contract Litigation 40

SCOTUSBlog

NOVEMBER 29, 2021

The ACA (in Section 1557) bars federally funded health care programs from discriminating in violation of certain civil rights statutes, including the Rehabilitation Act. The same is true, in effect, of other antidiscrimination statutes, such as Title IX. In the 2002 case Barnes v. Cummings would have the court answer “yes.”

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Court Laws Compensatory Damages Statute 85

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. The author comes to the conclusion that a secondary connection to the jurisdiction governing the agreement according to Art. He based his claim on tort.

Contract 52

Contract Tort Court Litigation 52

Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. 1 Lugano Convention 2007 vis-à-vis claims in tort. The article argues that in general the interpretation of choice of court agreements is subject to the lex causae of the main contract. 1 Brussels Ia Regulation/Art.

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Divorce Contract Tort Court 52

SCOTUSBlog

OCTOBER 11, 2023

Yes, the statute really does have a full cite to the opinion in it. The bankruptcy court confirmed the plan, saying that the insurer was not a “party in interest” because the bankruptcy plan left its rights under its insurance contracts where it found them – in the parlance of the case law, it was “insurance neutral.”. 26 and Oct.

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Laws Court Personal Injury Tort 85

SCOTUSBlog

NOVEMBER 1, 2023

Brownback , involving whether the Federal Tort Claims Act’s “judgment bar,” which bars any claim based on the same subject matter as a dismissed FTCA case, applies when both the actions were originally brought together. The government seeks review in Cargill , which it says provides the best vehicle of the three.

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Court Contract Government Statute 106

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. California v. 19-17480 (9th Cir. County of Maui v. Sunoco LP , No. 2CCV-20-0000283 (Haw.

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Cause of Action Court Government Litigation 96

SCOTUSBlog

APRIL 15, 2022

Share Under established constitutional law, states may generally not tax or regulate property or operations of the federal government. Congress passed the law after the Supreme Court held that states could not apply workers’ compensation statutes to federal facilities. This principle is known as intergovernmental immunity. Washington.

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Contract Government Statute Construction 92

Conflict of Laws

FEBRUARY 29, 2024

Meanwhile the Fifth Circuit enforced a forum selection clause in an insurance contract choosing British Virgin Island courts despite evidence that the claims stood little chance in those courts. Bowman , which addresses the scope of federal criminal statutes, into its current extraterritoriality framework. In Bartlett v.

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Laws Court Divorce Tort 74

Conflict of Laws

MAY 12, 2022

If people want less free speech, they will ask government to pass laws to that effect. What one system characterises as an issue for the proper law of the contract could be treated as an issue for a forum statute in another. > By “free speech”, I simply mean that which matches the law. Twitter and the conflict of laws.

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Laws Statute Litigation Litigating 98

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

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.

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Court Attorney Technology Assisted Review Legal 40