Day on Torts

AUGUST 2, 2021

Multiple other calls were made between 911, various government agencies, and the electric company, although the director of the Emergency Management Agency did not arrive on the scene until 3:07 a.m. This would perversely incentivize government, should it commit a negligent act, to commit worse forms of negligence so as to remain immune.

Tort 59

Tort Cause of Action Statute Court 59

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. Kavanaugh’s opinion for the court. Alito’s dissent.

Tort 112

Tort Court Litigation Litigating 112

The Fashion Law

FEBRUARY 1, 2022

While it all seems very exciting, it is worth asking: who or what governs the metaverse? What are some of the key areas that, at this stage, are legally murky? Here are three legal issues that stand out when it comes to the metaverse … . A boundless marketplace. First, ownership can be attributed in the actual physical artwork.

Legal 67

Legal Legal Real Estate Criminal Law 67

ClimateChange-ClimateLaw

DECEMBER 6, 2022

dozens of state and municipal governments have filed tort and consumer protection lawsuits seeking equitable relief as well as financial compensation from fossil fuel companies to help cover adaptation costs. In the U.S., Claims about climate disinformation are at the heart of these cases. Read the full article >>

Tort 52

Tort Litigation Litigating Depositions 52

JURIST

APRIL 6, 2021

The complaint also stated that the WHO and the Chinese government conspired together to “cover-up the severity of the COVID-19 heath pandemic” by “intentionally mislead[ing] the international community … about the coronavirus and its devastating medical and economic effects.”

Tort 80

Tort Government Legal Legal 80

The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. citizens to pursue legal claims over human rights abuses at U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. and violations outside the U.S.

Tort 75

Tort Court Statute Court Decisions 75

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.

Court 104

Court Tort Court Rules Government 104

JURIST

OCTOBER 4, 2022

At the heart of the contest privilege the nature of the communications between the unnamed law firm and their client, in which the law firm provided legal advice and prepared tax returns (non-legal advice) for the client. Glacier brought a tort claim against the Teamsters for the loss of concrete. In Santos-Zacaria v.

Court 118

Court Immigration Tort Law Firm 118

Conflict of Laws

JANUARY 25, 2024

Therefore, a legal comparison has been made between the HJC and Dutch Private International Law (PIL) on the recognition and enforcement of non-EU judgments in civil and commercial matters. Furthermore, the application of the Convention by analogy will contribute to international legal harmony.

Tort 56

Tort Family Law Legal Legal 56

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The federal government (which administers the Medicaid program) strongly supports that position.

Tort 80

Tort Statute Government Court Decisions 80

Day on Torts

NOVEMBER 15, 2022

Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases. internal citations omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

Tort 52

Tort Personal Injury Government Lawyer 52

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

Statute 99

Statute Court Contract Tort 99

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.

Personal Injury 80

Personal Injury Law Firm Law Firms Tort 80

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.

Tort 59

Tort Statute Attorney Court 59

SCOTUSBlog

JANUARY 10, 2023

Share In Re Grand Jury asks how courts should assess attorney-client privilege when a client seeks partly legal and partly nonlegal advice from a lawyer and the two parts cannot be disentangled. In his reply brief and in court, Levin said the test should instead ask if legal advice was a client’s bona fide purpose.

Attorney 93

Attorney Lawyer Lawyers Legal 93

The Crime Report

NOVEMBER 17, 2021

From beginning to end, covert operators and legal rules hide the inner workings of the system” in what is effectively a “black box” impenetrable to outsiders—and the system has become even more opaque thanks to the sophisticated technologies now used by police and government agencies in their investigations, Ryan details.

Technology 141

Technology Criminal Law Government Tort 141

LawSites

AUGUST 9, 2022

Just two weeks earlier, Utah had approved sweeping changes in legal services regulation that that allowed non-traditional legal services providers. Two years ago, Arizona became the first state to completely eliminate the prohibition. Other states continue to study the issue.

Legal Services 90

Legal Services Law Firm Law Firms Lawyer 90

Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” . § 20-17-101 et seq.,

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 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.

Tort 75

Tort Litigation Litigating Laws 75

SCOTUSBlog

OCTOBER 10, 2021

Of the several claims in the lawsuit, the one at issue is against Clark for an unreasonable seizure pursuant to legal process (analogous to the common law tort of malicious prosecution) under the Fourth Amendment. Because the tort claim required favorable termination, so must the parallel Section 1983 claim. Relying on the U.S.

Tort 102

Tort Litigation Litigating Court 102

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.

Tort 36

Tort Litigation Litigating Manufacturing 36

Paralegal Bootcamp

JULY 24, 2023

A litigation paralegal is a legal professional who provides vital support to attorneys who work in the area of litigation. Paralegals play an indispensable role in the legal process, handling things such as document review and analysis, legal research, drafting pleadings, and managing case files. What is a litigation paralegal?

Paralegal 130

Paralegal Paralegals Litigation Litigating 130

JonathanTurley

NOVEMBER 21, 2021

” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns. Judge Polster pushed drug makers to settle before clearly establishing legal liability. Yet it leaves the matter far from resolved.

Tort 34

Tort Litigation Litigating Manufacturing 34

Patently O

DECEMBER 18, 2023

TCL Vietnam: Texas law defines ‘doing business’ within the state to include committing a tort in the state. Here, the sale of infringing product in the state is patent infringement — a tort. On this point, the patentee argued that it served the defendants’ legally designated agent in the State of Texas.

Tort 62

Tort Court Manufacturing Laws 62

ClimateChange-ClimateLaw

JULY 21, 2023

Private sector climate litigation arises under a wide array of legal theories, and targets an increasingly diverse set of defendants. Others, like adaptation litigation and governance and regulatory claims, turn on complex questions of fact, law, and policyholder behavior.

Litigation 97

Litigation Litigating Finance Tort 97

JonathanTurley

JANUARY 21, 2024

In my torts class, we discuss the often uncertain line between ordinary citizens and public figures. I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions. The latter classification places a person under a higher standard to prove defamation.

Sports 35

Sports Court Tort Government 35

Conflict of Laws

NOVEMBER 3, 2022

Governments with no realistic prospect of paying their debts often gamble for redemption, trying desperately to avoid default. Instead, the Maduro government gambled. The story of the PDVSA 2020 bonds is a common one in government debt markets. A government borrows money in dodgy ways or at a time of financial distress.

Government 52

Government Drafting Contract Laws 52

Conflict of Laws

JANUARY 30, 2024

The paper also examines the effects of foreign adoption decrees, suggesting that recognition should cover the legal parent-child relationship and the termination of the pre-existing relationship, but not parental responsibility. The decision is the first to recognize a corporate duty to mitigate climate change under tort law.

Laws 56

Laws Divorce Legal Legal 56

SquirePattonBoggs

MARCH 9, 2021

Importantly, the plaintiffs in Smith agreed with GM that Mross set forth the correct legal framework, and even “urged” the district court to follow it. Still, it is notable that the panel endorsed Mross ’s reasoning, finding support for its holding in the Restatement (Second) of Torts. at 20, Stranch, J., General Motors?

Tort 45

Tort Court Government Legal 45

ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication. In Neubauer, et al.

Litigation 95

Litigation Litigating Government Legal 95

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. However, there are still some notable additions that raise more legal frights. The next scary moment is likely to be in the form of a torts complaint.

Tort 37

Tort Litigation Litigating Manufacturing 37

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. Thyssen-Bornemisza National Museum).

Tort 126

Tort Court Laws Litigation 126

Conflict of Laws

FEBRUARY 10, 2023

It uses as a touchstone the classical debate on the nature of legal personhood, which was moribund for a time but has recently experienced an unexpected renaissance. 1 Rome II Regulation, the law applicable to torts is the law of the state in which the damage occurred. How can private international law deal with these situations?

Technology 52

Technology Litigation Litigating Divorce 52

ClimateChange-ClimateLaw

JUNE 26, 2023

This makes it difficult for citizens to bring claims against corporations and request an injunction on the basis of tort law to activities that are harmful to climate even though climate change is known to cause health damage to people. The government support coal, despite the availability of lower-emission alternatives, including renewables.

Court 106

Court Construction Litigation Litigating 106

Broadcast Law Blog

NOVEMBER 11, 2015

Federal, state, and local governments are struggling with the potential safety and privacy implications that follow from putting thousands of drones in the sky for a variety of uses. Below, we provide a high-level discussion of some key legal considerations for operating drones for news gathering.

Legal 40

Legal Legal Tort Technology 40

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. Defendants moved to dismiss based on the statute of limitations.

Cause of Action 64

Cause of Action Statute Tort Court 64