Day on Torts

JUNE 13, 2022

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. This case is a good example of the absolute litigation privilege being applied. In Vanwinkle v.

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Litigation Litigating Tort Divorce 59

LawSites

OCTOBER 3, 2023

When San Francisco lawyer Todd Schneider’s litigation firm, Schneider Wallace , became frustrated with its options for case management software — finding existing products to be antiquated, inflexible, and better suited to transactional practices — the firm decided to build its own.

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The Cloud Court Blog

AUGUST 19, 2022

That enterprise, of course, is litigation. There exists an interesting body of literature that addresses how litigants leverage “asymmetric access to information” ( i.e., salient data to which only one party has access) to achieve better results for their clients. [i] Until then: litigate like you mean it. [i] But not always.

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JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

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Tort Litigation Litigating Manufacturing 35

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 125

LawTechnologyToday

MARCH 19, 2021

In litigation (and life), being organized often leads to better outcomes. The path to becoming organized, specifically in litigation, can present significant challenges. When it comes to litigation needs, a case management system will enhance client service when properly used. Capturing the Data.

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JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

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Tort Litigation Litigating Manufacturing 36

ClimateChange-ClimateLaw

APRIL 8, 2022

The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Adopting a comparative perspective, we draw on constitutional frameworks and recent climate litigation cases in other European jurisdictions. What does the reform bring about?

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JonathanTurley

AUGUST 8, 2023

The college then prolonged the litigation, virtually forcing the family into insolvency. Oberlin President Carmen Twillie Ambar and the Board needlessly spent millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. A judge later reduced the award to $25 million.

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Litigation Litigating Punitive Damages Tort 40

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. The result is a horn of plenty for litigators.

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Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. Decedent himself ultimately accepted a settlement in lieu of further litigation.

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Personal Injury Tort Cause of Action Litigation 59

JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

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Tort Punitive Damages Personal Injury Compensatory Damages 37

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. Many new lawyers find that it’s one thing to acquire a law degree, but another to practice law. I use a pre-litigation checklist for new legal assistants in our personal injury practice.

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Paralegal Bootcamp

MAY 20, 2022

If they become a repeat abuser, I take the situation to the lawyer (because of course, you know this is a true principle, they do NOT behave that way with the attorney). I ask the lawyer to address it with the client and sometimes they will simply decide that they will handle that client directly. ARE YOU NEW TO LITIGATION?

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Day on Torts

NOVEMBER 17, 2022

10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. In Barrios v. Simpkins , No.

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Tort Statute Court Litigation 59

JonathanTurley

DECEMBER 29, 2022

That was the case with the litigation over the false claims made against former Rep. In that case, a journalist with Forbes was sued for harsh characterizations of a lawyer and his practice. .” Truth is always a defense to defamation since a published fact must be false as well as harmful. Gary Condit by the late Dominick Dunne.

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LawSites

JANUARY 11, 2023

Last June, the seven-year-old litigation analytics company Gavelytics shut down, seemingly overnight, with founder and CEO Rick Merrill announcing the news by an email on June 29 that he “recently made the difficult decision to close Gavelytics effective June 30,” as I reported at the time. .

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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

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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Day on Torts

JULY 26, 2022

This case is an important read for anyone litigating a tort case involving a matter of public concern. Note: Chapter 56, Section 1 and Chapter 61, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Summary judgment was therefore affirmed.

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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. Sounds like a racket so you gotta stay on your toes.

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Tort Personal Injury Government Lawyer 52

JonathanTurley

FEBRUARY 22, 2024

I have taught torts for three decades, including animal liability. The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. They are well beyond that threshold. Even dog has now shown the same vicious tendency.

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JonathanTurley

OCTOBER 5, 2023

The “one free bite rule” is a commonly misunderstood torts doctrine — suggesting that you are not subject to strict liability until after the first time your dog bites someone. Indeed, a family with this history of dog attacks (with successive pets) would face a highly skeptical, if not hostile, court in a tort action. ” Laird v.

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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.”

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Prima Facie Case Tort Real Estate Statute 59

LegalReader

JULY 29, 2022

Texas is known as a “tort state.” This means that in order to receive a settlement, you must prove that someone else was to blame.

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Day on Torts

FEBRUARY 24, 2022

Whether a plaintiff is considered a trespasser will greatly affect the potential duty owed by defendant, and anyone litigating this issue should read this opinion. . Day on Torts: Leading Cases in Tennessee Tort Law ? Day on Torts: Leading Cases in Tennessee Tort Law? This case was released 3.5

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JonathanTurley

SEPTEMBER 22, 2022

The undocumented migrants who were transferred to Martha’s Vineyard have quickly adopted one common American practice: litigation. Indeed, I teach in torts where an immigrant to the United States filed a tort action for an involuntary inoculation upon entry in O’Brien v. YouTube screengrab. ” Gov. DeSantis.

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JonathanTurley

AUGUST 6, 2021

We have previously discussed animal liability in torts. If litigated, the state’s nuanced dog liability laws would come into effect. It is often said the every dog gets one free bite in American torts. She was watching the dogs for her roommate. The dogs were later euthanized with the consent of the roommate.

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Tort Litigation Litigating Laws 44

LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. Is the judge influenced by the prestige of the firm, the law schools of the lawyers, their political affiliations, or the nature of the company? Later, he served as a trial attorney for the U.S.

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Litigation Litigating Attorney Law School 98

LawSites

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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JonathanTurley

JUNE 2, 2022

While this case will likely be studied for years, the one verdict in favor of Heard is itself notable because it was based on defamation by counsel — a lesson for lawyers in defending their clients in public. Depp ran the table on all of his counts. There are a number of novel elements to this defamation case. See Kennedy v.

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Punitive Damages Tort Lawyer Lawyers 36

JonathanTurley

NOVEMBER 15, 2022

Swalwell, a lawyer, is missing is called informed consent. American torts have long required consent in medical torts. It would be malpractice for a lawyer to tell a client, as suggested by Swalwell, that they do not control the major decisions in their own cases. ” What Rep. Patients and medical consent.

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JonathanTurley

JANUARY 26, 2024

Sullivan , a partner at Early Sullivan Wright Gizer & McRae LLP , who is the lawyer of Kevin Morris (who is the lawyer for Hunter Biden). In his letter, Sullivan attacks my reference to ethics rules as unworthy of a professor as well as “blatantly misleading and just bad lawyering.” Rule 1.8.5(b) c), and 1.8.1

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LegalReader

FEBRUARY 2, 2023

The brief highlighted why the use of bankruptcy to address litigation claims is a valid bankruptcy purpose that has been historically recognized by courts across the country.

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Litigation Litigating Court Tort 59

MyCase

AUGUST 22, 2022

When imagining a successful lawyer, most of us picture the often glamorized biglaw lawyer. A boutique law firm’s case management process provides a different experience for lawyers and clients. . Boutique law firms have fewer staff members and lawyers. But there are several ways to practice law. Legal Services .

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Law Firm Law Firms Laws Lawyer 52

SAV Paralegal Services

OCTOBER 30, 2021

litigation, as this court is not that small how it looks. considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. . considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. .

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Paralegal Paralegals Contract Litigation 52

JonathanTurley

JANUARY 8, 2021

The effort was unsuccessful and it was not clear what still remained to litigate. He simply states “the client has used the lawyer’s services to perpetrate a crime and the client insists upon taking action that the lawyer considers repugnant and with which the lawyer has a fundamental disagreement.”

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