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No exception to products liability statute of repose for latent disease or fraudulent concealment.

Day on Torts

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59
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Summary judgment based on GTLA and Recreational Use Statute affirmed.

Day on Torts

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

Statute 59
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A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

Gravel2Gavel

environmental and administrative law cases recently decided. The Congress may by law, “vest the appointment of.inferior officers.in The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards.

Tort 59
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Summary Judgment Based on Tennessee Recreational Use Statute Affirmed.

Day on Torts

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn.

Statute 59
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Pakistan dispatch: monsoons prompt concerns about official negligence aggravating environmental devastation

JURIST

Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. graduate of the Pakistan College of Law (University of London International Program). Or, in other words, does the law compensate citizens for the wrong done to them due to breaches of duty by public bodies?

Tort 197
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Claim regarding retirement benefit calculation was not a tort claim.

Day on Torts

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.” After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant.

Tort 59
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Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

SCOTUSBlog

The justices left open for another day the question of whether the federal law at the heart of the case allows lawsuits against U.S. The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts for serious violations of international law.

Tort 144