JonathanTurley

JULY 7, 2021

District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley. The court ruled that. There was a remarkable decision by a Texas federal judge this week when U.S.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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JonathanTurley

MARCH 7, 2021

Meghan just won a case against Associated Newspapers and the ruling by London High Court Judge Mark Warby should be a concern for anyone who values the freedom of the press. Moreover, our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. F-R Publishing Corp.,

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Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” Accordingly, the Court ruled that, pursuant to Tenn.

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Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. citing Tenn. Code Ann. § 20-17-106 and Nandigam Neurology, PLC v. 3d 651 (Tenn.

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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. §

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ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Administrative complaints.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The District Court ruled that all class members had Article III standing on each of the three statutory claims.

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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. King appealed the dismissal of his Bivens claims.

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JonathanTurley

OCTOBER 19, 2021

We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule.

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Day on Torts

MAY 31, 2022

The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. Plaintiff first argued that defendant waived its pre-suit notice argument “by failing to include a Rule 12.02 defense it is answer, by failing to file a Rule 12.02 Code Ann. § internal citations omitted).

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Paralegal Bootcamp

JANUARY 4, 2024

Those job responsibilities can sound vague to someone who does not already work in the legal profession, so let’s take a closer look at a few key responsibilities of a litigation paralegal. Many attorneys also rely on the paralegal to do the first-round draft of pleadings that will be filed with the court. Assist at trial.

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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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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. In Nebraska, the state supreme court previously ruled in Munstermann v. In this case, the court ruled that that burden was not satisfied.

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JonathanTurley

MAY 12, 2021

Both factual and legal causation could be claimed. It does not seem particularly remote for purposes of proximate or legal causation. Courts could clearly rule that this is unforeseeable as a consequence, particularly in the negligent use of a rub. He had gastric cancer and died later. In 1983, in Herskovits v.

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Conflict of Laws

DECEMBER 13, 2022

On 9 November 2022 the District Court Amsterdam accepted international jurisdiction in an interim judgment in a collective action brought against TikTok (DC Amsterdam, 9 November 2022, ECLI:NL:RBAMS:2022:6488 ; in Dutch ). If no settlement is reached, an exclusive representative will be appointed by the court. Introduction.

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Conflict of Laws

DECEMBER 12, 2020

This is the first time in history that a Chinese court seized jurisdiction over a case filed by Chinese plaintiffs to repatriate a stolen cultural property illicitly exported. This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played.

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ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication. 179/2019 ).

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Introduction.

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Conflict of Laws

FEBRUARY 15, 2023

There has recently been a new and disappointing development in the saga of the Sánchez-Hill, a Spanish-Cuban-US family who filed a lawsuit before Spanish courts against a Spanish Hotel company (Meliá Hotels) for unjust enrichment. The Court of Appeal of Mallorca disagreed with the lower court.

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Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

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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. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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JonathanTurley

OCTOBER 28, 2021

There is a new controversy out of Boston that raises novel legal questions over malpractice. It raises an interesting question under torts. Dr. Tony Tannoury, 54, left an operating room with a patient prepped for ankle surgery at Boston Medical Center to eat in his car. He has been reprimanded by state regulators and fined $5,000.

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Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. 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.

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Conflict of Laws

SEPTEMBER 14, 2023

During the twentieth century many countries moved from an absolute theory of foreign state immunity, under which countries could never be sued in another country’s courts, to the restrictive theory. Article 3 says: “Foreign states and their property enjoy immunity from the jurisdiction of PRC courts, except as otherwise provided by this Law.”

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Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. After all, mandatory application in EU courts is largely irrelevant if courts do not have jurisdiction in the first place. The current state of the CSDDD already represents a milestone. Common to Arts.

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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. While his death was due to the negligent lack of road barriers, his family will face considerable legal barriers to recovery that could prove insurmountable.

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Patently O

FEBRUARY 22, 2023

ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] Patent assertion finance today is a multibillion-dollar business. [2]

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JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

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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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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SCOTUSBlog

AUGUST 10, 2023

Share The Supreme Court on Thursday put a bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin, on hold while it reviews a challenge to the legality of the plan, which would shield the Sackler family, the owners of the drug company, from lawsuits. There were no recorded dissents.

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Conflict of Laws

AUGUST 30, 2021

It is preferable to develop a classical conflict of laws rule with connecting factors, which mirror the assessments of the substantive law. It is shown that a mere reinterpretation of the existing Article 5 Rome II Regulation might lead to legal insecurity, and that an addition of the provision is preferable.

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Conflict of Laws

MARCH 19, 2021

It provides an overview of newly adopted legal instruments and summarizes current projects that are presently making their way through the EU legislative process. They discuss both important decisions and pending cases before the CJEU as well as important decisions from German courts pertaining to the subject matter of the article.

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JonathanTurley

MAY 3, 2021

At the time, I wrote that if someone sued over the resulting mayhem, Durkan and Seattle could find themselves clinging to the very legal doctrine they denounced in police brutality cases: immunity. How “established” is abandoning a whole section of a city to mob rule as a social experiment? In 1982, in Harlow v.

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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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SCOTUSBlog

NOVEMBER 22, 2023

On appeal, the Georgia Supreme Court threw out both of the jury’s verdicts and sent the case back for a new trial on all charges. Torri Madden) When the case returned to the lower court, McElrath argued that the Constitution’s ban on double jeopardy barred the state from trying him again on the murder charge on which he had been acquitted.

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