SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute. First, FNHRA “unambiguously” confers individual federal rights.

Statute 99

Statute Court Contract Tort 99

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.

Tort 59

Tort Statute Court Litigation 59

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.” The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

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.

Tort 59

Tort Court Attorney Statute 59

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

SCOTUSBlog

FEBRUARY 21, 2024

To offer a bit of background, commercial contracts often include provisions that call for litigation in a particular forum (a forum-selection clause) and for the application of the law of a particular jurisdiction (a choice-of-law clause). Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 87

Contract Laws Statute Litigation 87

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!)

Diligence 56

Diligence Litigation Litigating Legal 56

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 88

Court Statute Cause of Action Contract 88

Paralegal Bootcamp

APRIL 27, 2023

She’s a litigation paralegal at Heygood, Orr & Pearson (no relation to me). Litigation Paralegal Boot Camp Are you still waiting for on-the-job training that takes you through each phase of a litigation case and shows you what you can do to support your attorneys? In this blog, I’m interviewing Jessie Foss.

Paralegal Certificate 130

Paralegal Certificate Paralegal Paralegals Bar Exam 130

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. Yet the torts system has an elaborate and well-functioning system of product liability. In the opioid litigation, the companies were producing a lawful, nondefective product.

Tort 34

Tort Litigation Litigating Manufacturing 34

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The decision is significant not just for the litigants.

Contract 67

Contract Laws Court Statute 67

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

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 37

Tort Litigation Litigating Manufacturing 37

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 and two others,?

Tort 59

Tort Court Statute Litigation 59

Day on Torts

MAY 3, 2022

That statute removes sovereign immunity for non-negligent acts or omissions of a deputy sheriff if, at the time of the injury, the deputy sheriff is acting by virtue of or under the color of the office. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Cause of Action Court Statute 59

SCOTUSBlog

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? As William Harrington, the U.S.

Litigation 92

Litigation Litigating Tort Statute 92

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Second, the brief draws an analogy to the Federal Tort Claims Act, which subjects the federal government to certain tort claims “in the same manner and to the same extent as a private individual.”

Tort 127

Tort Court Laws Litigation 127

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. US customers also waived their rights to litigate in representative proceedings against Carnival (the ‘class action waiver’) ( PJ, [27] ). First, a statute may impose a choice of law rule directing the application of the lex fori where a connecting factor is established.

Laws 56

Laws Contract Statute Construction 56

The IP Law Blog

MAY 18, 2023

The issue of whether training an AI tool on existing copyright-protected works constitutes infringement or is fair use is currently being litigated in a number of cases. California also has a common law right of publicity that’s a bit broader than the statute. UMG considers this a violation of copyright law. The first was Midler v.

Statute 52

Statute Tort Laws Contract 52

Conflict of Laws

JANUARY 10, 2022

Given the power of Big Tech Companies, their enormous financial resources, cross-jurisdictional reach and their global impact on users’ privacy, there are two main litigation challenges for successfully bringing a privacy claim against Big Tech. 3] Secondly, the challenge is how to finance mass claims, involving millions of affected users.

Tort 75

Tort Litigation Litigating Finance 75

SCOTUSBlog

OCTOBER 5, 2023

King sued them under the Federal Tort Claims Act and under Bivens v. The district court then invoked nonmutual offensive collateral estoppel to preclude du Pont from disputing key issues involving duty, breach, and foreseeability in other cases in the multidistrict litigation. du Pont de Nemours & Co. 26 conference) King v.

Court 115

Court Tort Litigation Litigating 115

At the Lectern

JULY 6, 2023

The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says.

Cause of Action 45

Cause of Action Tort Court Construction 45

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset. Arguably, it was not necessary to do so.

Real Estate 52

Real Estate Statute Court Tort 52

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. By Michael Burger.

Litigation 52

Litigation Litigating Tort Cause of Action 52

JonathanTurley

JULY 12, 2021

The New York law focuses on an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. Beretta , the Second Circuit left open what a “predicate statute” might look like for the exception, but it rejected the prior nuisance statute.

Manufacturing 44

Manufacturing Laws Litigation Litigating 44

Conflict of Laws

JANUARY 12, 2021

It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. It is thought to be a significant jurisdictional obstacle in transboundary environmental disputes involving foreign land.

Laws 52

Laws Tort Contract Court 52

The IP Law Blog

MARCH 2, 2021

The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts Because most of the language in the statute stands contrary to Fossil’s position, Fossil focused on the phrase “subject to the principles of equity.”

Manufacturing 52

Manufacturing Mens Rea Contract Tort 52

JonathanTurley

MAY 13, 2021

He is facing both criminal and potential tort liability for the tiger incident. The Lacey Act and other federal wildlife statutes could be charged for such conduct. On the tort side, Cuevas is liable for any injuries caused by a wild animal in his possession. However, possession for roaming animals has been litigated.

Tort 31

Tort Misdemeanor Felony Lawyer 31

Patently O

MARCH 12, 2021

2008): Because claims delineate the patentee’s right to exclude, the patent statute requires that the scope of the claims be sufficiently definite to inform the public of the bounds of the protected invention, i.e., what subject matter is covered by the exclusive rights of the patent. M-I LLC , 514 F.3d 3d 1244, 1249 (Fed.

Legal 64

Legal Legal Small Business Litigation 64

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Anyone litigating a case where the Public Duty Doctrine might be an issue would be wise to read this opinion and be aware of the multiple other cases it cites. In Kimble v. Dyer County Tennessee , No.

Cause of Action 59

Cause of Action Tort Court Statute 59

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case.

Laws 98

Laws Court Contract Legal 98

The Crime Report

AUGUST 31, 2021

Take, for example, the more than 100 cases filed nationally against brand hotelier franchisors beginning in late 2019, for alleged sex trafficking occurring on premise under the same statute. Not only does it ensure media coverage, but it affords litigation advantages over other intentional assault type claims.

Statute 132

Statute Tort Litigation Litigating 132

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. Predictability is the core ambition, not a particular outcome in litigation. The refusal to provide information per se is not a tort in the sense of Article 7 No. found differently.

Contract 10

Contract Tort Procedural Law Court 10

InHouseOps

JULY 16, 2021

As a result, litigation under privacy laws protecting individuals’ biometric information has exploded. Such litigation will likewise continue to grow, as evidenced by the activity of the past few months. In February and early March, four major developments occurred regarding BIPA litigation. In re TikTok Inc.

Laws 52

Laws Litigation Litigating Personal Injury 52

ClimateChange-ClimateLaw

MARCH 14, 2024

No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S. It is of note that the precedent concerns common law claims and courts may approach state statutes differently.

Statute 57

Statute Government Court Laws 57

Conflict of Laws

AUGUST 24, 2023

It is cross-posted at Transnational Litigation Blog. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property. But statutes of limitations often begin to run when the original owner discovers the location of the stolen property.

Laws 52

Laws Statute Court Tort 52

Conflict of Laws

MAY 18, 2023

The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here. Noteworthy is the detail in which the UK Supreme Court discusses the authorities on the tort of nuisance under the heading ‘4. The case at hand is an appeal on a part of an earlier rulings.

Cause of Action 40

Cause of Action Court Tort Civil Law 40