Court Rules Litigation Statute Tort 
SCOTUSBlog
NOVEMBER 20, 2023
United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Court of Appeals for the 6th Circuit upheld that decision. And in Erlinger v.
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.”. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” In Laferney v.
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Day on Torts
OCTOBER 3, 2022
Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §
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.
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.
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. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.
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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