SCOTUSBlog
FEBRUARY 21, 2024
The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.
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.
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Day on Torts
JUNE 15, 2022
Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.
Day on Torts
SEPTEMBER 22, 2021
Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” Plaintiff asserted claims for breach of contract, negligence, and negligent infliction of emotional distress. Code Ann. §
Day on Torts
SEPTEMBER 9, 2022
Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”
At the Lectern
JULY 21, 2022
.” The court added that if the remedies it approves “are problematic as a matter of policy, the Legislature can be expected to amend the statute accordingly.”
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.
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