JURIST

AUGUST 5, 2021

The government of Mexico filed a complaint on Wednesday against eight gun manufacturers, holding companies and distributors, alleging tort claims based on a “deadly flood of military-style and other particularly lethal guns” across the border from the US into Mexico. Notably, that challenge was not based on the Second Amendment.

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JURIST

JUNE 9, 2022

The US Supreme Court Wednesday made it harder to individually sue federal agents who violate constitutional rights. In a 6-3 decision the court limited the use of the 1971 case Bivens v. The court denied that the Constitution allows any inherent right to sue the agent. Six Unknown Named Agents to establish grounds for a lawsuit.

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Court Tort Legal Legal 221

HowAppealing

MARCH 31, 2022

“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”: Laura Hancock of The Cleveland Plain Dealer has this report. The Supreme Court of Ohio has posted online the video of yesterday’s oral argument at this link.

Tort 100

Tort Court Laws Attorney 100

JURIST

JANUARY 4, 2023

A Constitution Bench of the India Supreme Court Tuesday ruled that fundamental rights under Articles 19 and 21 of the India Constitution are enforceable against even private individuals and entities. Article 19 pertains to freedom of speech rights while Article 21 has to do with life and liberty under the process of law.

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Court Tort Laws Government 156

Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v.

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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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Court Rules Court Tort Felony 206

JURIST

JANUARY 31, 2023

The US Court of Appeals for the Third Circuit Monday ruled against Johnson and Johnson’s (J&J) attempt to resolve its multi-billion dollar litigation over claims that its talcum-based powders were carcinogenic. The decision reversed an early Bankruptcy Court order in favor of J&J.

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Constitutional Law Reporter

SEPTEMBER 10, 2021

Supreme Court clarified when plaintiffs can seek redress in U.S. courts for human rights abuses that occur overseas. By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Supreme Court’s Decision. The Supreme Court reversed.

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HowAppealing

SEPTEMBER 29, 2021

Justices For Tort Law Shake-Up”: Matt Fair of Law360 has this report (subscription required for access) on the brief for appellant that I filed on my client’s behalf yesterday in the Supreme Court of Pennsylvania. Court of Appeals for the Third Circuit , can be accessed here and here.

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HowAppealing

NOVEMBER 8, 2022

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. Court of Appeals for the Ninth Circuit issued last Thursday. The post “‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. ” appeared first on How Appealing.

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Tort Litigation Litigating Attorney 100

JURIST

FEBRUARY 17, 2022

The UK Supreme Court Wednesday held that a person under criminal investigation has a “reasonable expectation of privacy” with regard to information about that investigation prior to being charged. Claiming a tort of misuse of private information, ZXC sought damages and injunctive relief against Bloomberg.

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Court Rules Court Tort Laws 228

JURIST

JANUARY 1, 2021

The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.

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Day on Torts

JULY 22, 2022

Where plaintiffs filed tort claims related to a car accident, and those tort claims were not compulsory counterclaims in a previous action filed by defendant against plaintiffs based on the same accident, the ruling that plaintiffs’ claims were barred by the doctrine of res judicata was reversed. In Albers v. Powers , No.

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SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. The post Justices validate states’ right to take tort recoveries from Medicaid beneficiaries appeared first on SCOTUSblog.

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SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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JURIST

OCTOBER 4, 2022

The US Supreme Court Monday granted certiorari in nine new cases, including two cases on liability shields for online platforms. Google , the court is asked to consider the scope of Section 230 of the Communications Decency Act , which broadly shields online platforms from liability for content posted by the platforms’ users.

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SCOTUSBlog

FEBRUARY 25, 2021

A unanimous Supreme Court on Thursday issued a limited ruling on the Federal Tort Claims Act’s judgment bar. The post Unanimous court issues limited ruling on judgment bar in Federal Tort Claims Act appeared first on SCOTUSblog. The case, Brownback v.

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JURIST

SEPTEMBER 29, 2021

The US Court of Appeals for the Eleventh Circuit rejected a lawsuit against Google, Facebook and Twitter on Monday, concerning the 2016 Pulse Nightclub shooting in Orlando. The court rejected the anti-terrorism claims, as the statute in question requires that terrorism be international. The plaintiffs made two arguments.

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Court Statute Tort Laws 207

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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SCOTUSBlog

JANUARY 11, 2023

International Brotherhood of Teamsters provided little new insight into how the Supreme Court may decide the case. To recap briefly, this case concerns whether the Washington Supreme Court properly dismissed a tort action by Glacier Northwest, a concrete mixing company, arising out of a strike by the Teamsters.

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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. Muir-Watt (ibid) 386).

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Day on Torts

AUGUST 16, 2022

Among the free information included on the site is 95 databases, one for each county in Tennessee, which contain information about the court system in each county. In addition to information about court clerks, local rules, local forms, and more, each county’s database includes information about tort jury and non-jury trials.

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JURIST

FEBRUARY 4, 2022

The European Court of Human Rights (ECHR) held Thursday that the Civil Chamber of Poland’s Supreme Court composition lacks impartiality and independence, violating a company’s right to a proper hearing. The court further determined that the decision had been given in breach of domestic law. In Advance Pharma Sp.

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Court Tort Laws 204

JURIST

JUNE 21, 2021

The US Court of Appeals for the District of Columbia Circuit on Friday upheld the dismissal of Alexander Khochinsky’s suit against Poland for seeking his extradition over his possession of a painting allegedly taken from Poland by Nazi troops.

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Court Tort Court Rules Legal 220

Law 360

FEBRUARY 28, 2022

While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law (..)

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Law 360

AUGUST 24, 2022

The number of COVID-related tort suits filed in federal court peaked in the first quarter of 2021 about a year into the pandemic and has been ebbing steadily in each quarter since, according to a new report by Lex Machina.

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Tort Court 52

Conflict of Laws

APRIL 7, 2023

courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. First Circuit, Mexico argues that the district court’s application of PLCAA to bar its claims under Mexican tort law was “impermissibly extraterritorial”. On appeal in the U.S.

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Court Laws Tort Litigation 52

SCOTUSBlog

JANUARY 11, 2022

Among other things, Florida’s heavy reliance on the unadorned reference to “medical expenses” implies that the state can take a tort settlement directed at medical expenses, not only if they are future medical expenses that the state has not yet paid (and might never pay), but even if they are medical expenses not covered by Medicaid.

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Tort Statute Court Legal 120

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.

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JURIST

MARCH 24, 2022

The District Court of The Hague Wednesday rejected a suit brought by four Nigerian widows against oil giant Shell for allegedly helping corrupt witnesses testifying against their late husbands, who were executed in 1995 by the Nigerian government following protests against Shell’s exploitation of the Niger Delta. In 2009, a $15.5

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Court Court Rules Tort Government 104

At the Lectern

MARCH 7, 2022

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.

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Tort Court Personal Injury Court Rules 49

HowAppealing

AUGUST 25, 2021

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

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Tort Court 100

Mondaq

DECEMBER 20, 2021

Court of Appeal declined to recognize a new tort of "blacklisting". The Court of Appeal held that the proposed tort would not. In FORCOMP Forestry Consulting Ltd. British Columbia, the B.C.

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At the Lectern

APRIL 12, 2023

Three of the cases resulted in Supreme Court opinions. One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. is also the only one of the three CLAY award Supreme Court cases to also be among the Daily Journal’s “ Top Verdicts of 2022.” 2022) 13 Cal.5th ” In Saul H. , 2022) 13 Cal.5th

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Court Lawyer Lawyers Court Rules 81

SCOTUSBlog

JANUARY 6, 2023

Glacier asked a Washington state court to make the Teamsters pay for damage that happened when cement hardened after the strike began. The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute covered by a federal law, the National Labor Relations Act.

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Tort Court Laws Litigation 135

HowAppealing

JULY 22, 2021

Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S.

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Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

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