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 99

Statute Court Contract Tort 99

Day on Torts

MAY 13, 2022

Where plaintiff submitted no expert proof to support his legal malpractice claim, summary judgment for defendant was affirmed. Plaintiff thereafter filed this pro se legal malpractice claim against defendant. In the instant case, defendant moved for summary judgment on the legal malpractice claim, which the trial court granted.

Legal 59

Legal Legal Tort Statute 59

The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. citizens to pursue legal claims over human rights abuses at U.S. and violations outside the U.S.

Tort 75

Tort Court Statute Court Decisions 75

At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

Statute 49

Statute Tort Contract Court 49

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59

Statute Tort Court Diligence 59

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

NOVEMBER 15, 2022

The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis. The Court of Appeals quoted Tenn. internal citations omitted). quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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 centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

Court 88

Court Statute Cause of Action Contract 88

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. Plaintiff appealed the TPPA dismissal from that June 24 th order. 3d 651 (Tenn.

Tort 59

Tort Statute Attorney Court 59

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].

Court 59

Court Tort Statute Lawyer 59

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts.

Contract 70

Contract Laws Court Statute 70

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. This case will determine how those provisions apply specifically to future medical expenses.

Tort 81

Tort Statute Government Court Decisions 81

Day on Torts

JUNE 21, 2022

During the divorce proceedings, defendant allegedly asked plaintiff to sign a written agreement to continue the lease, which plaintiff refused to sign because it was “onerous, high risk, and legally ineffective.” Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Divorce Statute Contract 59

Day on Torts

JUNE 13, 2022

Defendant filed a motion to dismiss the defamation action, which the trial court granted based on the absolute litigation privilege, and the Court of Appeals affirmed. The Court quickly concluded that this criteria was met, as defendant’s allegation that plaintiffs’ marriage was bigamous was the very basis of his complaint.

Litigation 59

Litigation Litigating Tort Divorce 59

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

Day on Torts

SEPTEMBER 7, 2022

Where defendant driver stated that the accident that injured plaintiff passenger was due to her swerving to avoid a wild animal that unexpectedly entered the roadway, and plaintiff “presented no evidence of negligence on the part of the defendant,” summary judgment for defendant was affirmed by the Tennessee Court of Appeals. In Owings v.

Tort 59

Tort Depositions Court Statute 59

Constitutional Law Reporter

JANUARY 26, 2023

Supreme Court returned to the bench this week to begin their February session. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. The Ohio Adjutant General’s Department v. Under Dellmuth v. Muth , 491 U.S.

Attorney 52

Attorney Tort Legal Legal 52

Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v. Booth , 344 S.W.3d

Cause of Action 64

Cause of Action Statute Tort Court 64

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

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.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. Still, English courts seem to struggle to differentiate between compensatory and punitive damage awards.

Punitive Damages 57

Punitive Damages Compensatory Damages Tort Civil Law 57

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. The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. The Court explained that “[i]f VUMC would have filed a Rule 12.02

Tort 59

Tort Statute Court Construction 59

The Crime Report

JUNE 27, 2022

When courts have gone so far as to characterize police police as “enablers” — not “bystanders” — of abuse, Congress must codify this characterization by criminalizing officer “enablers.”. To Kaufman, officers must be designated “mandatory interveners,” meaning they must be legally compelled to interrupt misconduct.

Criminal Law 105

Criminal Law Tort Legal Legal 105

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.

Court 52

Court Cause of Action Tort Punitive Damages 52

LawSites

NOVEMBER 15, 2023

Thomson Reuters today delivered on its promise to integrate generative AI within its flagship legal research platform, introducing AI Assisted Research in Westlaw Precision, available immediately to all U.S. The quality of the process, TR says, comes from Westlaw’s proven and long-established legal research platform.

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Legal Research Legal Assistant Legal Assistance Laws 131

Day on Torts

DECEMBER 14, 2020

Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago. The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit. 1 Hour General Credit).

Tort 52

Tort Family Law Statute Education 52

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.

Diligence 57

Diligence Litigation Litigating Legal 57

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. John Kerry, then U.S.

Lawyer 65

Lawyer Lawyers Law Firm Law Firms 65

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

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.

Real Estate 52

Real Estate Statute Court Tort 52

Day on Torts

DECEMBER 1, 2020

Former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joe Riley, and I started Justice Programs almost 20 years ago. The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit. 1 Hour General Credit).

Tort 40

Tort Lawyer Lawyers Family Law 40

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. The district court rejected all of these arguments, and the U.S. Court of Appeals for the 9th Circuit affirmed.

Tort 127

Tort Court Laws Litigation 127

Day on Torts

MAY 10, 2022

Defendant filed a motion for summary judgment, asserting that plaintiff failed to show that defendant breached any duty owed to plaintiff, and the trial court agreed, granting summary judgment to defendant. When considering this case, the Court looked at two different time frames. On appeal, summary judgment was affirmed.

Tort 52

Tort Construction Court Depositions 52

At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says.

Cause of Action 45

Cause of Action Tort Court Construction 45

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.

Court 31

Court Tort Statute Laws 31

The IP Law Blog

MAY 18, 2023

The courts’ focus will be on whether this copying is part of an overall transformative process to be weighed against the commercial impact the tool has on the applicable industry. California also has a common law right of publicity that’s a bit broader than the statute. The Waits court, which relied on Midler, found similarly.

Statute 52

Statute Tort Laws Contract 52

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