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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ClimateChange-ClimateLaw

MAY 30, 2024

Upon the initiative of the United Nations Human Rights Council (the UNHRC), a new legally binding agreement regulating transnational business enterprises’ human rights violations is likely on its way. The future legal value of the Draft Treaty will be that of enforceable regulation, provided of course that it is adopted in its current form.

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Blackstone Career Institute

JUNE 6, 2024

Enhanced Learning with Blackstone’s Advanced Paralegal Courses As the legal field evolves, continual learning becomes key to advancing in your paralegal career. immigration and nationality law, focusing on its application within various legal settings such as law firms, non-profit agencies, and corporate environments.

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Conflict of Laws

OCTOBER 29, 2021

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? Background. PD 6B, para. Three main reasons were given.

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JURIST

NOVEMBER 10, 2022

Specifically, the court will determine whether attorney-client privilege covers communications involving both legal and non-legal advice when the communication was created for the purpose of obtaining legal advice. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court.

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JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. Several of the companies have declined to comment on the pending litigation.

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ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Rights-based climate litigation has been increasing substantially in recent years.

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Blackstone Career Institute

JANUARY 5, 2024

4 Facts to Know About Becoming a Legal Nurse Consultant Are you a registered nurse (RN) who wants to have more flexibility and control over your life? Consider using your clinical training and experience as an RN to expand your expertise by becoming a legal nurse consultant (LNC). Why Choose a Career as a Legal Nurse Consultant?

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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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Conflict of Laws

JANUARY 21, 2024

In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the case. The case has factual similarities to the Brownlie litigation in England. They are suing in tort in Ontario.

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LegalReader

DECEMBER 3, 2021

Depending on your state, wrongful death cases generally follow state tort law.

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ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S., Read the full article >>

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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.

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The Estrin Report

MAY 19, 2020

The launch comes at a critical time as the COVID-19 global pandemic adds pressure with personal injury, med/mal, products liability, mass tort, healthcare, workers comp cases and insurance claims on the rise. The best Plan B's are different, but.

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ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

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SimplyLawJobs

SEPTEMBER 13, 2021

Our partner’s The Institute of Legal Secretaries and PAs are delighted to be offering live online classes , which start on Wednesday 26 January 2022. ILSPA’s Legal Secretaries Diploma course is equivalent to a Level 3 qualification. Introduction: General Procedures & Legal Terminology. ?Unit

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SCOTUSBlog

APRIL 4, 2022

The claim before the Supreme Court alleged malicious prosecution (also described as unreasonable seizure pursuant to legal process) against one responding officer, Pagiel Clark, who signed a criminal complaint during Thompson’s initial post-arrest detention. The elements of the constitutional claim match those of the tort.

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Paralegal Bootcamp

APRIL 15, 2022

Applying for your first or early-career legal positions may be a little daunting. In the legal field, floating along to get your foot in the door can result in you being somewhere you didn’t know you weren’t looking for. Looking back to 2020 information, the mean hourly wages for Paralegals and Legal Assistants was $27.22

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The Cloud Court Blog

MARCH 6, 2023

Last Wednesday we announced our relationship with Hire Counsel , a national leader in legal staffing for eDiscovery, managed document review, and specialty legal projects. Gibson, our testimony intelligence solution , is an intuitive complement to the litigation process. Scroll down to get the press release.) Press release

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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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ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim. Background on the claim.

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Paralegal Bootcamp

MAY 20, 2022

I’ve mentioned in previous articles that 43 years ago, the profession of “paralegals” and “legal assistants” didn’t really exist. Legal secretaries absorbed some of what is now considered paralegal responsibilities. I’ll start with what I view as most important, both in life and in legal. Value your legal team.

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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. Muir-Watt (ibid) 386).

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Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism. Such a prism is helpful if we want to rethink (as we must!)

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Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Let’s start with, how did you get into the legal profession? This allowed me to learn more about the legal profession so that I could potentially advance and learn even more. The firm I was with didn’t do a lot of legal research.

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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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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.

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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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Day on Torts

JULY 26, 2022

Without more, this activity cannot be deemed ‘outrageous’ in the legal sense. This case is an important read for anyone litigating a tort case involving a matter of public concern. Rather, it is free expression. Summary judgment was therefore affirmed. This opinion was released two months after this case was assigned on briefs.

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ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. See this article by Jim Rossi and J.B. LSEW adopted a similar resolution in 2021.

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JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” 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.

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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

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Conflict of Laws

OCTOBER 12, 2023

By Moses Wiepen, Legal Trainee at the Higher Regional Court of Hamm, Germany In its decision of 21 July 2023 (V ZR 112/22), the German Federal Court of Justice confirmed that Art. 32 German Civil Procedure Code, tort claims can be brought to the court where the harmful act happened regardless of the defendant’s domicile.

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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.

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Intelligize Blog

APRIL 27, 2023

However, the bankruptcy story generating the most interest in the business and legal worlds now may be Johnson & Johnson’s attempt to pull off a “ Texas Two-Step.” The new entity then files for bankruptcy, shielding the assets of the parent company from litigants’ claims.

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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.”

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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.

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