Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

Litigation 59

Litigation Litigating Tort Divorce 59

ClimateChange-ClimateLaw

MAY 30, 2024

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

Drafting 55

Drafting Litigation Litigating Diligence 55

Conflict of Laws

JANUARY 21, 2024

The Supreme Court of Canada has granted leave to appeal in Sinclair v Venezia Turismo. In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the case.

Tort 57

Tort Court Contract Litigation 57

Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? Background. PD 6B, para. Three main reasons were given.

Tort 52

Tort Cause of Action Court Litigation 52

Blackstone Career Institute

JUNE 6, 2024

Enhanced Learning with Blackstone’s Advanced Paralegal Courses As the legal field evolves, continual learning becomes key to advancing in your paralegal career. immigration and nationality law, focusing on its application within various legal settings such as law firms, non-profit agencies, and corporate environments.

Paralegal 52

Paralegal Paralegals Real Estate Personal Injury 52

The Cloud Court Blog

MARCH 6, 2023

Last Wednesday we announced our relationship with Hire Counsel , a national leader in legal staffing for eDiscovery, managed document review, and specialty legal projects. TL;DR: Cloud Court augments Hire Counsel’s deep pool of expertise for projects that require intensive time and resource demands. Press release

eDiscovery 52

eDiscovery Depositions Litigation Litigating 52

ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. What does the reform bring about? This reform bears thus a two-fold implication. 179/2019 ).

Litigation 96

Litigation Litigating Government Legal 96

JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. Several of the companies have declined to comment on the pending litigation.

Tort 239

Tort Statute Legal Legal 239

LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

Legal 55

Legal Legal Litigation Litigating 55

Conflict of Laws

OCTOBER 12, 2023

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. In general, following the procedural law principle of actor sequitur forum rei , the Canadian trust should be brought to court in Canadian courts.

Court 72

Court Tort Procedural Law Litigation 72

ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S., Read the full article >>

Tort 52

Tort Litigation Litigating Depositions 52

SCOTUSBlog

APRIL 4, 2022

The prosecution moved to dismiss “in the interest of justice” and a New York trial court dismissed the matter. Kavanaugh’s opinion for the court. Kavanaugh began by affirming that precedent from the court and lower courts recognized claims for unreasonable seizure pursuant to legal process under the Fourth Amendment.

Tort 109

Tort Court Litigation Litigating 109

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. Background information about the general climate context and litigation in Japan is available in a previous blog post.

Court 108

Court Construction Litigation Litigating 108

SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

Statute 96

Statute Court Contract Tort 96

ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The decision has significant implications for future climate litigation claims in Australia. Sharma and Others and its impact for climate litigation in Australia.

Litigation 40

Litigation Litigating Court Personal Injury 40

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. The Court of Appeals quoted Tenn. In Reiss v. Rock Creek Construction, Inc. ,

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

Litigation 97

Litigation Litigating Finance Tort 97

Paralegal Bootcamp

APRIL 15, 2022

Applying for your first or early-career legal positions may be a little daunting. In the legal field, floating along to get your foot in the door can result in you being somewhere you didn’t know you weren’t looking for. Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts?

Paralegal 246

Paralegal Paralegals Legal Assistant Legal Assistance 246

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. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation 52

Litigation Litigating Laws Court 52

SimplyLawJobs

SEPTEMBER 13, 2021

Our partner’s The Institute of Legal Secretaries and PAs are delighted to be offering live online classes , which start on Wednesday 26 January 2022. ILSPA’s Legal Secretaries Diploma course is equivalent to a Level 3 qualification. Introduction: General Procedures & Legal Terminology. ?Unit

Legal Secretary 70

Legal Secretary Legal Legal Law Firm 70

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.

Tort 59

Tort Statute Attorney Court 59

Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

Diligence 57

Diligence Litigation Litigating Legal 57

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

Court 83

Court Statute Cause of Action Contract 83

Day on Torts

JULY 26, 2022

Defendant filed a motion for summary judgment, which the trial court granted, ruling that defendant shared truthful information from public records about a matter of public concern and thus could not be liable. Without more, this activity cannot be deemed ‘outrageous’ in the legal sense. On appeal, this ruling was affirmed.

Tort 59

Tort Court Attorney Statute 59

Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law.

Tort 75

Tort Litigation Litigating Legal 75

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. It is unsurprising then that Princess sought to defend the proceedings at a preliminary stage through litigation over where to litigate. The decision is significant not just for the litigants.

Contract 69

Contract Laws Court Statute 69

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. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Let’s start with, how did you get into the legal profession? This allowed me to learn more about the legal profession so that I could potentially advance and learn even more. The firm I was with didn’t do a lot of legal research.

Paralegal Certificate 130

Paralegal Certificate Paralegal Paralegals Bar Exam 130

SCOTUSBlog

OCTOBER 10, 2021

1983 claim for malicious prosecution under the Fourth Amendment requires a resolution that “affirmatively indicates innocence,” as the lower court held, or that it “formally ended in a manner not inconsistent with” innocence. Court of Appeals for the 11th Circuit in Laskar v. Clark , to be argued Tuesday, considers whether a 42 U.S.C.

Tort 97

Tort Litigation Litigating Court 97

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

Tort 34

Tort Litigation Litigating Manufacturing 34

JonathanTurley

OCTOBER 30, 2022

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.

Tort 36

Tort Litigation Litigating Manufacturing 36

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. See this article by Jim Rossi and J.B. LSEW adopted a similar resolution in 2021.

Lawyer 123

Lawyer Lawyers Law Firm Law Firms 123

Conflict of Laws

JANUARY 30, 2024

It outlines trends, legislative changes, and Supreme Court precedents since 1996, with a focus on judgments involving the United States and China. It discusses various aspects of these conventions, such as mutual applicability, jurisdictional issues, recognition of foreign judgments, and reciprocity.

Laws 57

Laws Divorce Legal Legal 57

Conflict of Laws

SEPTEMBER 21, 2023

However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. The new law widens the category of disputes previously covered from “contractual disputes or other property rights disputes” to “litigation other than disputes involving personal relationships” (Art. Jurisdiction 2.1 276, para.

Procedural Law 57

Procedural Law Laws Litigation Litigating 57

Conflict of Laws

FEBRUARY 10, 2023

It uses as a touchstone the classical debate on the nature of legal personhood, which was moribund for a time but has recently experienced an unexpected renaissance. 1 Rome II Regulation, the law applicable to torts is the law of the state in which the damage occurred. Zheng Sophia TANG: Smart Courts in Cross-Border Litigation, pp.

Technology 52

Technology Litigation Litigating Divorce 52

JonathanTurley

OCTOBER 31, 2021

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, there are still some notable additions that raise more legal frights. Well, give it enough time and someone will prove you wrong.

Tort 37

Tort Litigation Litigating Manufacturing 37

SAV Paralegal Services

OCTOBER 30, 2021

There are several misconceptions that exist when it comes to the Small Claims Court. litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. Paralegals are designed to support litigants through the small claims process.

Paralegal 52

Paralegal Paralegals Contract Litigation 52