Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. In Welch v. Welch , No. M2021-00081-COA-R3-CV (Tenn.

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Personal Injury Tort Cause of Action Litigation 59

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.

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Contract Laws Court Statute 69

Day on Torts

NOVEMBER 17, 2022

10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. After hearing the evidence, the trial court set a boundary line for the disputed property and denied plaintiffs’ claim for adverse possession of the disputed area.

Tort 59

Tort Statute Court Litigation 59

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

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Tort Punitive Damages Personal Injury Compensatory Damages 38

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

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law. Zapata Off-Shore Co.

Contract 82

Contract Laws Statute Litigation 82

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. This case is an important read for anyone litigating a tort case involving a matter of public concern.

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Tort Court Attorney Statute 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!)

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Diligence Litigation Litigating Legal 57

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.

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Tort Litigation Litigating Manufacturing 34

Day on Torts

FEBRUARY 24, 2022

The trial court agreed and granted summary judgment, but that ruling was reversed on appeal. . The Court began its analysis by looking at whether plaintiff was a trespasser on defendant’s property. In this case, plaintiff argued that she had implied permission to be on defendant’s property, and the Court of Appeals agreed.

Tort 59

Tort Court Statute Litigation 59

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

Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? In this blog, I’m interviewing Jessie Foss.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

Day on Torts

MAY 3, 2022

The County filed a motion to dismiss based on the GTLA discretionary function exception and/or the public duty doctrine, which the trial court granted, but the Court of Appeals reversed. The Court of Appeals first analyzed whether dismissal was appropriate based on the discretionary function exception to the GTLA.

Tort 59

Tort Cause of Action Court Statute 59

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Court of Restitution, which, in 1954, declared her the rightful owner of the painting. The district court rejected all of these arguments, and the U.S. 1605(a)(3) ).

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Tort Court Laws Litigation 122

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

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Court Tort Litigation Litigating 109

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 36

Tort Litigation Litigating Manufacturing 36

Conflict of Laws

OCTOBER 23, 2023

They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. The Australian court must first resolve the conflict of laws problems posed – problems as sustained as they have been complex in the history of private international law.

Laws 57

Laws Contract Statute Construction 57

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

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Tort Litigation Litigating Finance 75

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. In Kuciemba v.

Cause of Action 45

Cause of Action Tort Court Construction 45

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

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis?

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Litigation Litigating Tort Statute 87

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. 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

JULY 12, 2021

Not only does that law face serious constitutional challenges but similar lawsuits brought on similar grounds have failed miserably in the courts. The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. In City of New York v.

Manufacturing 44

Manufacturing Laws Litigation Litigating 44

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. As I’ve noted in an earlier blog looking at preliminary issues in these cases , the Supreme Court found in AEP v. BP P.L.C. ,

Litigation 52

Litigation Litigating Tort Cause of Action 52

Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52

Laws Tort Contract Court 52

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Summary of the Supreme Court’s Opinions. 3 However, because the district court also found that Fossil had not acted willfully, the district court refused Romag’s request for a profits award.

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

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.

Cause of Action 59

Cause of Action Tort Court Statute 59

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. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5].

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Laws Court Contract Legal 98

Patently O

MARCH 12, 2021

2008): Because claims delineate the patentee’s right to exclude, the patent statute requires that the scope of the claims be sufficiently definite to inform the public of the bounds of the protected invention, i.e., what subject matter is covered by the exclusive rights of the patent. M-I LLC , 514 F.3d 3d 1244, 1249 (Fed.

Legal 64

Legal Legal Small Business Litigation 64

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. Courts are struggling with the right approach to the relevant rules.

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Contract Tort Procedural Law Court 10

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. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.

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Cause of Action Court Tort Civil Law 40

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.

Laws 52

Laws Statute Court Tort 52

The Crime Report

AUGUST 31, 2021

Pop star Britney Spears , for example, recently compared her treatment under a court-ordered conservatorship to sex trafficking. Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. Marisa A.

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Statute Tort Litigation Litigating 132

ClimateChange-ClimateLaw

MARCH 14, 2024

However, the Climate Superfund bills proposed in the four states have subtle differences that may impact their implementation and interpretation by courts. These Super-emitters, along with sympathetic political and industrial organizations, states, and/or municipalities, will inevitably challenge the Climate Superfund bills in court.

Statute 57

Statute Government Court Laws 57

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

Laws 52

Laws Litigation Litigating Personal Injury 52

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. In Ruth Bader Ginsburg, the Supreme Court has not only lost an icon of gender equality and towering figure, but also a great internationalist.

Contract 52

Contract Tort Court Litigation 52

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Yes, the statute really does have a full cite to the opinion in it. Court of Appeals for the 9th Circuit held that the California law requiring escrow interest was not preempted by the National Bank Act.

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Laws Court Personal Injury Tort 80