SCOTUSBlog

APRIL 29, 2024

Horn , the Supreme Court agreed to decide whether a commercial truck driver who lost his job after he failed a drug test can bring a claim under federal racketeering laws against the makers of the product that he says was responsible for that failed test. Court of Appeals for the 2nd Circuit, which reinstated his RICO claim.

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Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Day on Torts

APRIL 16, 2021

Where a car accident plaintiff filed suit against the other driver’s insurance company within the statute of limitations, but failed to add the other driver as a party until two days after the statute of limitations had run, dismissal was affirmed. In Haywood v. Trexis Insurance Corp., W2020-00418-COA-R3-CV (Tenn. citing Tenn.

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Day on Torts

FEBRUARY 8, 2021

Where plaintiff’s personal injury claim was based on a Tennessee car accident for which defendant was given a traffic citation for failure to exercise due care under Tenn. 55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Code Ann. §

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SCOTUSBlog

JANUARY 13, 2024

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. This week, we highlight petitions that ask the court to consider, among other things, whether someone can sue under RICO to recover lost earnings. The district court ruled for the company on Horn’s RICO claim.

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Day on Torts

JUNE 5, 2023

Where plaintiff was in a car accident when she was four years old, and her parents filed a personal injury suit purporting to represent her once she turned 18, the trial court properly granted summary judgment based on the statute of limitations. The trial court granted dismissal, and the Court of Appeals affirmed.

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Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

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CARET Legal

FEBRUARY 14, 2024

It’s important to note that workflows can be automated by indicating a specific date for one task or event — like the date of a court hearing, or the close date of a sale. Estate Planning Practices: Probate In estate planning firms , everything is centered around probate court hearings.

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Day on Torts

JANUARY 26, 2021

Where a plaintiff originally named the wrong defendant in a car accident case and did not file an amended complaint naming the correct defendant until after the one-year statute of limitations had run, dismissal was affirmed. The Court of Appeals affirmed dismissal. In Black v. W2020-00228-COA-R3-CV (Tenn. internal citation omitted).

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Conflict of Laws

AUGUST 23, 2021

Court of Appeals for the Eleventh Circuit issued its latest decision on foreign forum selection clauses and cruise ship contracts. The cruise line moved to dismiss the case on the basis of a forum selection clause in the ticket mandating that all disputes be resolved by a court in Genoa, Italy. On August 19, 2021, the U.S.

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SCOTUSBlog

APRIL 18, 2022

The relevant statute , regulating disability benefits, provides that “the United States will pay [compensation] to any veteran” who is “disabled” as a result of (1) “personal injury suffered or disease contracted in line of duty,” or (2) “aggravation of a preexisting injury suffered or disease contracted in line of duty.”

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Paralegal Bootcamp

APRIL 27, 2023

She was a personal injury attorney and they were looking for a receptionist for their small law firm. What I did learn was how to look up statutes and cases. So we did get kind of a field trip and we got to go to the law library and look up statutes and codes and case law. I was 18 and had received my GED.

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MyCase

MAY 9, 2022

If you’re a litigator, your practice revolves around court deadlines. From criminal cases and personal injury matters to commercial litigation and class action lawsuits, there are many different deadlines to keep track of and conform to. . The Benefits of Legal Calendaring Software. What is Rules-Based Legal Docketing Software?

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At the Lectern

NOVEMBER 24, 2021

But new legislation regarding criminal liability for murder continued to impact the court’s docket. Conference actions of note included: Supreme Court allows Governor to commute third-strike sentence. After granting review and full briefing, the court transferred People v. The court denied review in People v.

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The IP Law Blog

JANUARY 11, 2024

He claimed that he had suffered personal injury “as a result of each defendant’s ongoing violation.” The defendants moved to dismiss Mr. Elden’s complaint, arguing that it was barred by the applicable 10-year statute of limitations for such claims. Mr. Elden appealed that dismissal to the Ninth Circuit Court of Appeal.

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Day on Torts

FEBRUARY 24, 2022

The only issue in this personal injury case was damages. Plaintiff and his experts also testified that plaintiff suffered a traumatic brain injury in the accident. The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion.

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SCOTUSBlog

APRIL 26, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is back in the relist business with a vengeance. The court will be considering 123 petitions and applications at this week’s conference. A short explanation of relists is available here.

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MyCase

DECEMBER 15, 2022

If you’re trying to achieve a positive outcome for a case or matter (such as a patent application, divorce, or personal injury claim), missing a deadline is disastrous. Additionally, MyCase offers a direct LawToolBox integration that provides access to a library of hundreds of court rule sets across the U.S.

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Attorney at Work

MAY 31, 2022

Managing an increasing volume of cases and court deadlines– sometimes in multiple jurisdictions – is one of the biggest time management challenges for law firms. . A Tennessee lawyer was suspended and put on probation after failing to file a personal injury case. The firm had filed a voluntary dismissal back in 2014.

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JonathanTurley

OCTOBER 23, 2021

This incident could well prove a violation of a statute or regulation making the act “negligent per se.” 2d 774 (1998), bystanders can recover for emotional distress damages only when the injury is caused by a sudden, traumatic event and the plaintiff was aware that the event was causing injury to the victim.

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Constitutional Law Reporter

JANUARY 10, 2022

Supreme Court held in Whole Woman’s Health v. Jackson that abortion providers may bring a pre-enforcement challenge in federal court as one means to test whether Texas’ s strict abortion law violates the U.S. 8 in federal court based on the allegation that S.B. The District Court denied these motions.

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Day on Torts

JUNE 14, 2021

The trial court originally ruled that the damages in total would be reduced to $750,000 pursuant to the damages cap, but then amended the ruling and held that the cap should be applied to each plaintiff separately, meaning that the wife would receive $750,000 and husband would receive $500,000. internal citation omitted).

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JonathanTurley

OCTOBER 10, 2022

The court ruled for Google: “I conclude that it does not require the imposition of a duty. The family is obviously grieving and North Carolina generally allows three years for the filing of a personal injury action under the statute of limitations.

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InHouseOps

JULY 16, 2021

First, a California District Court approved Facebook’s $650,000,000 biometrics settlement. Illinois is not the only state that regulates biometrics, but it is the only state currently whose biometric statute includes a private right of action. A plaintiff need not show any injury from the violation – just the violation itself.

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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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JonathanTurley

OCTOBER 30, 2022

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. Again, the court agreed.

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JonathanTurley

OCTOBER 31, 2021

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. See Pennsylvania General Assembly Statute §7102. Again, the court agreed.

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Day on Torts

SEPTEMBER 1, 2021

This ruling was affirmed by the Court of Appeals. Plaintiff argued in this appeal that despite failing to meet this 90-day time limitation, her filing with the Claims Commission was not time-barred because it fell within the one-year statute of limitations for personal injury claims found in Tenn. Code Ann. § Code Ann. §

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At the Lectern

MARCH 21, 2024

Notable actions at yesterday’s Supreme Court conference included: Disbarred felon, who was pardoned by Trump, is reinstated to practice law Ambulances and MICRA. The court agreed to hear Gutierrez v. The court denied depublication requests by the Attorney General and two district attorneys in People v. ” (Link added.)

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JonathanTurley

OCTOBER 31, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 went to Six Flags’ Fright Fest with her cousin. Sue the clowns In another June 2023 decision in Munoz v. Six Flags St.

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JonathanTurley

AUGUST 25, 2021

The case is brought under statutes like 18 U.S.C. 2255, “Civil Remedy for Personal Injuries,” which provides that any person who is a victim of a violation of child pornography may recover the actual damages or liquidated damages in the amount of $150,000 per victim, and reasonable attorney’s fees. In 2002, the U.S.

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JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. Some things are happily left out of the courts.

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JonathanTurley

OCTOBER 30, 2023

Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. See Pennsylvania General Assembly Statute §7102.

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ClimateChange-ClimateLaw

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. The Court declined to review the companies’ other grounds for removal, finding that the “wiser course” was to allow the Fourth Circuit to address them in the first instance.

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ClimateChange-ClimateLaw

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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