SCOTUSBlog

APRIL 4, 2022

Larry Thompson was charged with resisting arrest and obstructing a government investigation when he attempted to stop police from entering his apartment in response to a false call about child abuse. The elements of the constitutional claim match those of the tort. Background. The final element serves multiple purposes.

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Tort Court Litigation Litigating 113

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Litigation Litigating Laws Court 52

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

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Contract Laws Court Statute 70

The Crime Report

FEBRUARY 2, 2022

The money, o verseen by a panel of tribal health experts, would go toward programs that aid drug users and communities already overwhelmed by severe financial burdens for the health care, social services, child welfare and law enforcement resources expended during the opioid crisis. About 15 percent of funds will go toward attorneys’ fees.

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Litigation Litigating Tort Attorney 97

Conflict of Laws

SEPTEMBER 21, 2023

Written by NIE Yuxin, Wuhan University Institute of International Law 1. Background China’s Civil Procedure Law was enacted in April 1991 by the Fourth Session of the Seventh National People’s Congress. However, no substantial revisions were made to the provisions concerning foreign-related civil litigation. Jurisdiction 2.1

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Procedural Law Laws Litigation Litigating 57

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

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Personal Injury Law Firm Law Firms Tort 91

SCOTUSBlog

JUNE 8, 2023

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds. He warned of lurking question in this area of law, which HHC failed to develop and are “for another day.”

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Statute Court Contract Tort 100

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

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Prima Facie Case Tort Statute Construction 59

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. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

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Tort Statute Attorney Court 59

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.

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Tort Litigation Litigating Legal 75

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim. 2022 Full Federal Court Decision.

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Litigation Litigating Court Personal Injury 40

Legal Research is Easy

SEPTEMBER 3, 2020

Good thing that there was a law librarian nearby who could witness her acrobatics and then blog at out it to the world. As it turns out, South Carolina, where Young Lady happened to trip and tear up her knees, has it's own Torts Claim Act called, not surprisingly, the South Carolina Tort Claims Act under § 15-78-10.

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Tort Personal Injury Government Lawyer 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

Day on Torts

OCTOBER 3, 2022

Although Tennessee had no case law on this issue, the Court noted that other states have interpreted their own similar laws to mean that “neighborhoods are often considered to constitute communities and implicate matters of ‘public interest’ or ‘public concern’ in the context of anti-SLAPP litigation.” . § 20-17-101 et seq.,

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Prima Facie Case Tort Real Estate Statute 59

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Many of these cases asserted nuisance and other tort law claims. More recently, states and municipalities have asserted claims under consumer protection laws.). which affirmed the dismissal of state-law public nuisance, private nuisance, and trespass claims. Chevron Corp. Chevron Corp.

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Court Tort Cause of Action Litigation 81

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. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. The justices will hear argument on that question on Tuesday in Cassirer v. The full painting. 1605(a)(3) ).

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Tort Court Laws Litigation 127

SCOTUSBlog

MARCH 1, 2022

Subsequent to the events giving rise to this case, Boule pleaded guilty to aiding and abetting violations of Canadian immigration law over human smuggling and was sentenced to time served. Similar special factors counsel hesitation, particularly the national-security concerns arising from claims challenging enforcement of immigration laws.

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Cause of Action Immigration Tort Government 102

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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Laws Contract Statute Construction 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 company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.”

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Tort Litigation Litigating Manufacturing 33

Conflict of Laws

NOVEMBER 3, 2022

Distinguished Professor at the University of North Carolina School of Law, and Mitu Gulati, the Perre Bowen Professor of Law at the University of Virginia School of Law. Governments with no realistic prospect of paying their debts often gamble for redemption, trying desperately to avoid default. Stockton, Jr.

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Government Drafting Contract Laws 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.

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Tort Litigation Litigating Manufacturing 35

SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. Court of Appeals for the 9th Circuit rejected that claim. Four years ago, the Supreme Court held in Nieves v.

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Court Tort Litigation Litigating 118

Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Summary of Facts.

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Laws Court Contract Legal 98

Conflict of Laws

FEBRUARY 10, 2023

5–45, DOI: 10.1628/rabelsz-2023-0003 Great Debates in Company Law: The International Discourse on Fiction Theory versus Real Entity Theory. This article opens a new line of research on great debates in domestic and foreign company law. How can private international law deal with these situations? Under art.

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Technology Litigation Litigating Divorce 52

SCOTUSBlog

OCTOBER 10, 2021

In January 2014, Larry Thompson lived in Brooklyn with his wife, Talleta Watson, their newborn daughter, and Thompson’s sister-in-law, Camille Watson, who has cognitive delays. Thompson bolsters his argument through the state of the law for the analogous tort of malicious prosecution as of 1871, when Congress enacted Section 1983.

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Tort Litigation Litigating Court 104

Conflict of Laws

AUGUST 23, 2023

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

Contract 52

Contract Laws Civil Law Procedural Law 52

Day on Torts

MAY 3, 2022

Here, plaintiff alleged that law enforcement knew her husband was violent, that he threatened to kill her in front of law enforcement, that he was being actively investigated for burning her car, and that despite this knowledge, Investigator Rosson failed to follow up on the multiple death threats made by husband towards plaintiff.

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Tort Cause of Action Court Statute 59

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. 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.

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Tort Litigation Litigating Finance 75

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

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Court Construction Litigation Litigating 108

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. The next scary moment is likely to be in the form of a torts complaint.

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Tort Litigation Litigating Manufacturing 35

ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. In the U.S.,

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Lawyer Lawyers Law Firm Law Firms 65

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. Even as successful cases against governments have blossomed, private suits face significant barriers. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell.

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Litigation Litigating Laws Tort 68

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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Court Statute Cause of Action Contract 90

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] 1] He is also an adjunct professor at American University Washington College of Law. litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S.

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Litigation Litigating Court Finance 124

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? As William Harrington, the U.S.

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Litigation Litigating Tort Statute 95

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. a consolidated case in which Oakland and San Francisco claim that five fossil fuel companies’ production and promotion of fossil fuels constitutes a public nuisance under federal and California common law. By Michael Burger. BP P.L.C. , BP P.L.C. , BP P.L.C. ,

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Litigation Litigating Tort Cause of Action 52

Blackstone Career Institute

JANUARY 5, 2024

Since an attorney’s knowledge is in the law, an LNC is needed to provide clinical expertise on matters related to medical and nursing care. Some LNCs choose to work in law firms, insurance companies, healthcare organizations, and government organizations, or provide consulting services working with a specific attorney.

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