article thumbnail

Supreme Court Clarifies Scope of Alien Tort Statute

Constitutional Law Reporter

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States. Facts of the Case.

Tort 59
article thumbnail

Florida Legislature Passes Tort Reform Measure

Law 360

The Florida Senate on Thursday passed a sweeping tort reform bill that changes the comparative negligence standards for jury verdicts, cuts the statute of limitations for injury cases in half, and eliminates one-way attorney fees and fee multipliers for all lines of insurance, sending the bill to Gov.

Tort 75
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

US Supreme Court blocks child slavery lawsuit against Nestlé, Cargill

JURIST

The US Supreme Court on Thursday reversed a ruling that allowed several individuals to sue food corporations Nestlé USA and Cargill over child slavery claims, limiting corporate liability under the Alien Tort Statute. The unnamed plaintiffs brought their cases forward under the Alien Tort Statute. In Jesner v.

Tort 249
article thumbnail

Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59
article thumbnail

US Supreme Court declines North Carolina appeal in undercover investigations case

JURIST

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. The challenged statute, N.C. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”

article thumbnail

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
article thumbnail

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