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.” This case is fairly fact specific, but it is a reminder that a plaintiff cannot change the gravamen of a complaint simply by labeling it as a tort case.

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SCOTUSBlog

MAY 3, 2021

Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices asked the federal government to provide its views in two cases. The justices announced on Monday morning that they will not hear oral argument in Doe v. E.M.D.H. ,

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Government Tort Court Manufacturing 107

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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Above The Law

JUNE 15, 2023

This is one of those fact patterns that Tort professors don't even think up. The post Harvard’s Former Morgue Manager Discovers Selling Human Body Parts And Interstate Commerce Don’t Mix Well appeared first on Above the Law.

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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.

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JURIST

JULY 8, 2023

A Royal Commission into Australia’s Robodebt scheme has referred several government officials for civil and criminal prosecution after handing down its final report on Friday. The inquiry included 46 days of hearings, received over 1000 submissions and heard from 115 witnesses regarding the unlawful scheme.

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JURIST

NOVEMBER 10, 2022

Here the question is one of tort law–the court must consider whether the National Labor Relations Act (NLRA) preempts state law. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court. On January 10, the court will hear arguments in Glacier Northwest, Inc.

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Above The Law

AUGUST 22, 2023

She’s up for the difficult task of juggling torts with campaigns. The post Law School Student Running For Mayor appeared first on Above the Law.

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Law School Tort Laws Government 98

Gravel2Gavel

JUNE 22, 2021

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.

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JURIST

JULY 31, 2023

There is no parliamentary statute, like the Crown Proceedings Act 1947 in the UK and Federal Torts Claims Act 1946 in the USA, that provides citizens the right to pursue tortious remedies against the government, nor is there any clear precedent set by the superior courts of the country that establishes the same.

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JURIST

JANUARY 4, 2023

The transformation was from “State” to “Authorities” to “instrumentalities of State” to “agency of the Government” to “impregnation with Governmental character” to “enjoyment of monopoly status conferred by State” to “deep and pervasive control” to the “nature of the duties/functions performed.”

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Day on Torts

JANUARY 31, 2022

One is a tort case. National Treasury Employees Union, Chapter 39 addresses the torts of malicious prosecution and civil conspiracy. Netflix, Inc. , addresses the the right to regulate Netflix and Hulu (and similar concerns) by local governments. Last week, the Tennessee Supreme Court agreed to hear two new cases.

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Above The Law

SEPTEMBER 20, 2021

[ Business Insider ] * Missourians going the "liberty or death" route are mad the federal government is trying to make them die less. [ If only they knew about issue-spotting before Torts. [ Reuters ]. The Guardian ] * In a much needed move, California is passing legislation that makes stealthing illegal.

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Tort Government Laws 113

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. Alito’s dissent.

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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.

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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.”

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Plaintiff’s initial complaint listed several intentional torts, but his amended complaint removed the referral to any specific torts and instead alleged liability more generally. In Anderson v.

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Statute Tort Court Government 59

SCOTUSBlog

JUNE 17, 2021

The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. courts for serious violations of international law. laws normally do not apply. That is a good thing,” Gorsuch reasoned.

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Tort Statute Finance Court 144

Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal.

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Tort Contract Cause of Action 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.

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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.

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Tort Statute Government Court Decisions 81

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.

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Court Tort Court Rules Government 104

The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

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Day on Torts

JUNE 15, 2022

On the contrary, § 54-5-201 expressly provides that “the state’s obligation for maintenance of its system of highways shall be governed by those limitations now set out by law, it being the intent of this section neither to enlarge nor to diminish present obligations for this maintenance.” This opinion was released 1.5

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Contract Tort Statute Government 52

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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Day on Torts

MARCH 24, 2022

Plaintiff did not dispute that the TPLA governed this action, making the only issue on appeal whether the case was time-barred by the statute of repose. Note: Chapter 90, Section 16 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Code Ann. §

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Statute Tort Manufacturing Court 59

Day on Torts

FEBRUARY 22, 2022

Plaintiff initially sued the Metropolitan Government of Nashville and Davidson County (Metro) for damage to his property, which ended in summary judgment for Metro based on sovereign immunity. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Construction Depositions Statute 59

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 98

Conflict of Laws

JANUARY 25, 2024

597-618 Abstract In February 2023, the Dutch Standing Government Committee for Private International Law rendered its advice on the possible revision of Article 431 Dutch Code of Civil Proceedings (DCCP). Sequeira, The applicable law to business-related human rights torts under the Rome II Regulation / p.

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Tort Family Law Legal Legal 57

Day on Torts

MARCH 4, 2023

In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. During subsequent calls to various government agencies, there was no discussion of closing the road. In Lawson v. At 1:46 a.m.,

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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.

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Statute Court Contract Tort 99

JURIST

OCTOBER 4, 2022

Int’l Brotherhood of Teamsters the court is asked to determine whether the National Labor Relations Act (NLRA) preempts a state tort claim against the Teamsters for intentionally destroying an employer’s property during the course of a strike against the employer. Glacier brought a tort claim against the Teamsters for the loss of concrete.

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Conflict of Laws

JANUARY 11, 2023

This article argues that under the common law knowing receipt ought to be considered as sui generis for choice of law purposes and governed by the law of closest connection to the claim.

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Laws Tort Government 40

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).

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SCOTUSBlog

MARCH 1, 2022

And a plaintiff in Boule’s position has alternative remedies, including claims under the Privacy Act, proceedings through the IRS and federal tax code, state tort law, and federal administrative investigations. The federal government’s arguments. Unlike Egbert, the government does not argue that courts cannot extend Bivens.

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Day on Torts

OCTOBER 3, 2022

Note: Chapter 28, Sections 12 and 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. . § 20-17-101 et seq.,

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Prima Facie Case Tort Real Estate Statute 59

JonathanTurley

NOVEMBER 11, 2022

Yesterday, I co-taught my torts class with leading authority Luna Turley, Professor of Animal Welfare (PAW). Professor Luna has spent her life working on animal liability questions and taught both my day and evening classes on the common law rules governing dogs and other animals. Professor Luna with her evening class.

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