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.”

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Day on Torts

DECEMBER 8, 2022

Under Tennessee Rule of Civil Procedure 41.01, “the right of the plaintiff to dismiss the action without prejudice is free and unrestricted except in limited and well-defined circumstances.” Rule 41.01 Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

MAY 11, 2022

In subsection (a)(1), which was the subsection at issue in this case, the statute only states that the certificate must say that “there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.”

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Day on Torts

OCTOBER 31, 2022

The trial court ruled that “Dr. Steege did not meet the locality rule outlined in Shipley v. Note: Chapter 49, Section 8 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Steege from Chapel Hill, North Carolina. Code Ann. § 26-26-115(b). Williams , 350 S.W.3d

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Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Seven of the civil cases are tort cases.

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Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. This case reaffirmed what seems to be settled law in HCLA cases—that pre-suit notice sent to the wrong defendant will not satisfy the requirements of the HCLA.

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Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

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Day on Torts

OCTOBER 24, 2022

Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. The Court noted that defendant was not a party to the contract between UT and Erlanger, and that both UT and Erlanger benefited from the affiliation agreement.

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Day on Torts

FEBRUARY 24, 2022

The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion. The sole issue on appeal was “whether the jury’s verdict [was] contrary to the law or evidence.” Click on the link to see the book’s Table of Contents.

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Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). internal citation omitted).

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Day on Torts

FEBRUARY 8, 2022

Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. Plaintiff argued that the misrepresentations negated her consent, making the surgical procedure a medical battery, but the Court ruled that the HCLA still applied. Click on the link to see the book’s Table of Contents.

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Day on Torts

FEBRUARY 7, 2022

The Court noted that it could not locate previous case law interpreting this portion of the Rule, but that the advisory comments stated that this sentence was “thought necessary in light of Tennessee’s adoption of comparative fault.” 2), the trial court did not err in considering the testimony of [plaintiff’s wife].”.

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Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. The Jurisdiction of the Chinese Court: Prorogated Jurisdiction.

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Laws Court Contract Legal 98

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset. Arguably, it was not necessary to do so.

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Day on Torts

APRIL 29, 2021

She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.” This conclusion is most aligned with Tennessee law and public policy.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. But under Article III, an injury in law is not an injury in fact. 323, 349 (1974); see also Restatement of Torts §559 (1938). the tort of defamation. Congress may enact legal prohibitions and obligations.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

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Tort Court Compensatory Damages Punitive Damages 33

JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. However, some states have passed laws limiting its impact. In Nebraska, the state supreme court previously ruled in Munstermann v.

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Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied.

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Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria. 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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JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. Under common law, a discovered or anticipated trespasser is generally owed a duty to warn of (or make safe) any dangerous conditions that are known and non-obvious. Disclaimer.

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SCOTUSBlog

JANUARY 8, 2021

This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.

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Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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Conflict of Laws

AUGUST 30, 2021

While the discussion on how liability for damages caused by autonomous systems, or “artificial intelligence”, should be integrated into the substantive law is well advanced, the private international law aspect has, so far, been neglected. Lutzi : Ruth Bader Ginsburg – Internationalist by Conviction.

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Contract Tort Court Litigation 52

Conflict of Laws

MARCH 19, 2021

Wagner: European Conflict of Law 2020: EU in crisis mode! It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. 1 Lugano Convention 2007 vis-à-vis claims in tort.

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JonathanTurley

OCTOBER 31, 2023

The result is a wicked brew of negligence, product defects, intentional torts, and every other tort and crime known above the netherworld. So without further ado, here are this year’s spookiest of torts. Both Kelly and Rando sued for torts ranging from assault to intentional infliction of emotional distress.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. South Dakota Federal Court Granted Preliminary Injunction Against Enforcement of Laws Targeting Pipeline Protesters. and non-U.S.

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Court Government Statute Tort 40

SCOTUSBlog

DECEMBER 3, 2021

The law further provides that if the president “determines … to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the President determines to take action.”. United States. Students for Fair Admissions, Inc.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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SCOTUSBlog

JUNE 16, 2022

The petitioners also ask the court to overrule Employment Division v. Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. The court faced but did not decide the issue of whether to overrule Smith in Fulton v. Both the district court and the U.S.

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JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. In my torts class, I teach defamation and often discuss the California retraction law. He is facing criminal charges in New York.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The Court’s decision concerned the interpretation of 28 U.S.C. The court then concluded that none of the exceptions to the well-pleaded complaint rule applied.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. The magistrate judge concluded that the suit was barred by the statute of limitations. Montana Federal Court Rejected Request to Halt Coal Mining in Expansion Area.

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Court Reporting Court Construction Government 54

JonathanTurley

JANUARY 19, 2022

On October 5, 2021, the site Above the Law ran a story by Senior editor Kathryn Rubino about what she described as a vehemently racist law student who was given a prestigious clerkship by William H. chief judge of the United States Court of Appeals for the Eleventh Circuit. This cannot be the end of this matter.”.

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