article thumbnail

Doctoral scholarship: International accountability through the value chain in Antwerp

Conflict of Laws

It examines recent and pending legislation on value chain due diligence in selected countries and/or regional organisations. The research can be approached from the perspective of human rights law, public international law or private international law, including private law mechanisms (either in tort or in contract law).

article thumbnail

Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Dismissal partially reversed based on fraudulent concealment.

Day on Torts

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. internal citation and quotations omitted).

Tort 59
article thumbnail

New issue alert: RabelsZ 87 (2023), Issue 3

Conflict of Laws

22 of the proposed Corporate Sustainability Due Diligence Directive makes companies civilly liable for misconduct committed by their subsidiaries and business partners. While the LkSG has taken a stand against private enforcement in its § 3 para.

article thumbnail

Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

For HCLA claims, the discovery rule means that a “cause of action accrues when one discovers, or in the exercise of reasonable diligence should have discovered, both (1) that he or she has been injured by wrongful or tortious conduct and (2) the identity of the person or persons whose wrongful conduct caused the injury.”

Statute 59
article thumbnail

Tennessee Legal Malpractice Claim Filed Too Late

Day on Torts

Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”

Legal 59
article thumbnail

Summary judgment vacated where trial court order failed to give reasons for decision

Day on Torts

The trial court stated that “a reasonable person exercising reasonable diligence with the knowledge Plaintiff had and the position of Plaintiff would know that radiation was a treatment option for her cancer,” but the Court of Appeals wrote that it was “perplexed by this rationale.” This opinion was released 2.5

Statute 59