ABA Journal

APRIL 2, 2021

Federal law gives the Environmental Protection Agency, not federal courts, the authority to regulate greenhouse emissions in the United States, a federal appeals court ruled…

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JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. ” The denial from the Supreme Court offered no explanation or reasoning.

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At the Lectern

MARCH 7, 2022

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.

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JURIST

APRIL 16, 2024

.” Both the district court and the Fifth Circuit looked to NAACP v. Claiborne Hardware Co. , a 1982 case in which the Supreme Court held that speech during an assembly must incite imminent wrongdoing to be punishable.

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Court Tort Court Rules Laws 177

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.

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At the Lectern

APRIL 12, 2023

One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. 5th 827 — “ Helping a teen boy escape El Salvadorian gangs and become a lawful resident.” 5th 93 — “ Missed break premiums count as wages, State Supreme Court rules.” 2022) 13 Cal.5th ” In Saul H. ,

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JURIST

OCTOBER 4, 2022

The court is asked to consider whether an unnamed law firm specializing in international tax was allowed to withhold documents in a grand jury proceeding on the basis of attorney-client privilege. 1252(d)(1) which holds that immigrants must first exhaust all administrative remedies before turning to a federal court for review.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. 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

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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Contract Tort Court Rules Statute 52

Day on Torts

AUGUST 2, 2022

Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. Because plaintiffs had constructive notice of their claim in 2009, the Court ruled that the conversion claim should have been barred by the three-year statute of limitations.

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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

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

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” . § 20-17-101 et seq.,

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

MAY 18, 2022

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. Click on the link to see the book’s Table of Contents.

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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

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Click on the link to see the book’s Table of Contents.

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Tort Construction Statute Court 59

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

MAY 11, 2022

The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case. 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.” In Dotson v. State , No. E2019-00325-COA-R9-CV (Tenn. internal citations omitted).

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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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Tort Personal Injury Court Court Rules 59

Conflict of Laws

MARCH 27, 2024

Within New Zealand, the rules are in the Trans-Tasman Proceedings Act 2010 (Cth) —legislation in the spirit of the Hague Conference on Private International Law—as modified by the rules of the forum court. Defendants in any other foreign country are captured by the rules of the forum court.

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Tort Litigation Litigating Court 61

JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible.

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Court Rules Punitive Damages Court Government 47

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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JonathanTurley

MARCH 7, 2021

Moreover, our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. The exception is so broad that many have complained that it has “swallowed the tort.” Yet, it operates under a hazy set of laws that often treats journalism as a privilege.

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Court Rules Drafting Court Tort 33

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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Tort Construction Court Rules Court 45

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp. Chevron Corp.

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Court Tort Cause of Action Litigation 80

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

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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Tort Court Statute Laws 59

JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. In torts, there is no duty to rescue rule. Cf: Restatement, Torts, § 322.

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Day on Torts

DECEMBER 8, 2022

Because the TPPA “does not specifically limit a party’s right to obtain a voluntary nonsuit or otherwise relate specifically to the effect of a voluntary nonsuit,” the Court ruled that it was “not the type of ‘statute’ contemplated by the exception stated in Rule 41.01.” (internal citation omitted). internal citation omitted).

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Tort Statute Attorney Court 59

Day on Torts

MAY 31, 2022

While plaintiff asserted that he relied on advice from an out-of-state attorney and was acting pro se when the notices were sent, the Court ruled that this did not constitute extraordinary cause. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Statute Court Construction 59

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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Tort Court Statute Laws 52

JURIST

FEBRUARY 26, 2021

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014. ” The case now returns to the Sixth Circuit for further consideration on this issue.

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Court Rules Tort Court Felony 206

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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Court Tort Statute Lawyer 59

ClimateChange-ClimateLaw

JUNE 1, 2022

Civil law cases. In both cases, the so-called greening of human rights is observed, where the citizens attempt to incorporate the interests to not have their health damaged by GHG emissions into personal rights that are commonly used as a legal basis for an injunction in civil law cases. In September 2017, in Sendai Citizens v.

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Litigation Litigating Construction Tort 142

SCOTUSBlog

APRIL 15, 2023

This week, we highlight cert petitions that ask the court to consider, among other things, whether a Washington state law that bars licensed therapists from practicing conversion therapy on children violates the First Amendment. Nineteen other states and the District of Columbia have similar laws. But the 9th Circuit disagreed.

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Conflict of Laws

JANUARY 1, 2023

Shell ” case before the Dutch district court in The Hague. In this judgment, the court had to determine the law applicable to an NGO’s climate reduction claim against Royal Dutch Shell. The court ruled that Dutch law was applicable as the law of the place where the damage occurred under Art.

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Tort Legal Legal Court 52

Conflict of Laws

MAY 26, 2021

Though decided almost four months ago, the case merits discussion of several private international law aspects that will perhaps become one of the milestones in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. in the 2015 ruling). Application of (substantive) Nigerian law.

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