What is the Difference Between Class Action Lawsuits and Mass Torts?

LegalReader

The truth is mass torts and class action lawsuits actually have quite a bit in common. Lawsuits & Litigation class action Class Action Lawsuits class action suit class actions lawsuits mass tort mass tort lawsuits mass tort suits

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Judge Recognizes State Tort Claims Act in Mold Case

LegalReader

Verdicts & Settlements act case college court case court documents dorm dorm rooms families Indiana University IU judge judgment legislation moldy conditions parents residence hall Ruling school students tort claims act universityParents upset over judge's ruling.

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“Guido Calabresi Lauded at His Final Torts Class”

HowAppealing

“Guido Calabresi Lauded at His Final Torts Class”: Yale Law School has published this report

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Claim regarding retirement benefit calculation was not a tort claim.

Day on Torts

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.”

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Christmas Torts: The 2020 Listing Of Holiday Mishaps and Madness

JonathanTurley

’Tis the season for the Christmas tort. Thus, each year we gather for the posting of the annual list of Christmas torts and crimes. This year’s Christmas tree at Rockefeller Center had its own inter-species tort when an owl was found in a tree driven from upstate New York.

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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. The post Supreme Court Clarifies Scope of Alien Tort Statute appeared first on Constitutional Law Reporter. In Nestlé USA, Inc. Doe , 593 U.

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Unanimous court issues limited ruling on judgment bar in Federal Tort Claims Act

SCOTUSBlog

A unanimous Supreme Court on Thursday issued a limited ruling on the Federal Tort Claims Act’s judgment bar. The post Unanimous court issues limited ruling on judgment bar in Federal Tort Claims Act appeared first on SCOTUSblog.

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SCOTUS Decision in Nestle v. Doe: More on the Alien Tort Statute

LPB Network

The plaintiffs brought claims under the Alien Tort Statute (ATS) against two American companies—Nestlé USA and Cargill—that “purchase, process, and sell cocoa. Today the Supreme Court issued its decision in Nestlé USA, Inc. Doe (covered earlier here).

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Wasserman on Crocker on Immunities and Constitutional-Tort Litigation

LPB Network

Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. Howard reviews two recent articles by Katherine Mims Crocker, Reconsidering Section 1983’s Nonabrogation of Sovereign Immunity, 73 Fla.

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Congressional Bill Would Impair Ch. 11 Mass Tort Resolution

Law 360

Legislation recently introduced in Congress seeks to limit third-party releases and injunctions in Chapter 11 mass tort bankruptcies, but doing so would upend the balanced system, at the expense of deserving, injured individuals, says Josiah Daniel at V&E

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Law360's Tort Report: Suit Over Chris Cornell's Suicide Settles

Law 360

The settlement of a suit over the lead singer of Soundgarden's death and the passage of legislation giving Missouri businesses a coronavirus liability shield lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar

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Tort plaintiff alleges BigLaw firm conspired to spy on her with GPS devices, hidden camera

ABAJournal

A former tort plaintiff has filed a $13 billion lawsuit that accuses Baker, Donelson, Bearman, Caldwell & Berkowitz of conspiring with an insurer and private…

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Claims of Recklessness and Gross Negligence May Proceed Under Tennessee Governmental Tort Liability Act

Day on Torts

The Court reasoned: [C]onceptually distinct though it is, simple negligence is a subspecies of these heightened forms of negligence, and in turn, these concepts contrast with intentional torts.

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Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal

HowAppealing

Second Circuit rules that federal inmate’s failure to comply with Connecticut’s certificate of merit requirement in dental malpractice suit under Federal Tort Claims Act does not require dismissal: You can access today’s ruling of the U.S.

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TURKEY TORTS (2020)

JonathanTurley

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.

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Number of Tort Trials in Tennessee for the Year Ending June 30, 2020, Including Data By County

Day on Torts

Today we follow up on our previous post about the number of civil trials in Tennessee and we concentrate on the number of trials in Tennessee personal injury, wrongful death and other tort cases. Therefore, the total number of tort trials that year was 337.

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Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim

HowAppealing

Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S.

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A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

Gravel2Gavel

by Anthony B. Cavender. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT.

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Car Insurance & Accident Claims in a Choice – No-Fault System

LegalReader

The key difference between full tort/at-fault policies and choosing a no-fault/limited tort insurance policy is whether the victim has a right to sue. Lawsuits & Litigation at-fault insurance choice no-fault system limited tort No-fault insurance pain and suffering damages

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Canada: Privacy Means Privacy: A New Tort Recognized - McLennan Ross LLP

Mondaq

In this case, the Plaintiff and Defendant, were in a long-term relationship riddled with sexual and physical abuse

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Mexico sues US gun manufacturers in federal court over claims of fueling violence

JURIST

The government of Mexico filed a complaint on Wednesday against eight gun manufacturers, holding companies and distributors, alleging tort claims based on a “deadly flood of military-style and other particularly lethal guns” across the border from the US into Mexico.

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.

AG Saugmandsgaard Øe on action for unjust enrichment and contract/tort distinction under Brussels I Regulation in the case HRVATSKE ŠUME, C-242/20

Conflict of Laws

He notes that no conclusive finding has been made so far as to its qualification as a “matter relating to tort, delict or quasi-delict” in the sense of Article 5(3) of the Regulation (point 4). He established therefore an order of preference when it comes to the contract/tort distinction under the Regulation. Nor it is a “matter relating to tort, delict or quasi-delict” within the meaning of Article 5(3) of the Regulation (point 79).

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Tort Salad: Defamation, Conversion, Trespass to Chattels, False Light Invasion of Privacy, Trespass, NIED, IIED and Negligence

Day on Torts

Where plaintiff alleging defamation was a public figure but had pleaded in the complaint that defendants were “negligent and/or reckless in ascertaining the truth” of the statements, the trial court incorrectly granted judgment on the pleadings on the defamation and false light invasion of privacy claims.

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Guest Commentary: Brazilian’s first tort climate case for illegal deforestation in Amazonia

Law Columbia

In the first Brazilian climate tort case, the MPF calculated the climate damage owed due to years of deforestation in an unprecedented way. The petition opens the door for tort-based climate claims in Brazil. By Maria Antonia Tigre *. Brazilian Amazon.

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Justice Thomas argues for repeal of doctrine protecting military from tort suits incident to service

ABAJournal

Supreme Court Justice Clarence Thomas argued Monday that the high court should have agreed to hear an appeal by a West Point cadet to…

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Rep. Nunes Wins Major Victory In Defamation Case Against Ryan Lizza and Hearst

JonathanTurley

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Restatement (Second) of Torts § 577A(3) (Am.

Texas Bill Will Make It Harder to Sue Companies for Semi-Truck, Other Commercial Accidents

LegalReader

Featured Article News & Politics hb 19 house bill 19 leach liability sb 207 scoggin Texas texas trucking texas watch Tort reform truckingThe bill would make it substantially more difficult to file a lawsuit against negligent transportation companies.

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Two “Widows,” Two Funerals, and a Lawsuit: Baltimore Funeral Home Sued In Bizarre Alleged Bait-and-Switch

JonathanTurley

In my torts class, we discuss liability for the mishandling of corpses as well as torts like the intentional or negligent infliction of emotional distress related to deceased remains. The latest such example could well be a torts final hypothetical. There are other obvious torts.

Supreme Court rules suit cannot proceed against plainclothes officers who mistakenly attacked Michigan man

JURIST

The US Supreme Court ruled Thursday that a Michigan college student is unable to proceed with a Federal Tort Claims Act (FTCA) lawsuit against two federal officers who tackled him after mistaking him for a fugitive in 2014.

NYT: The “ISIS-K Planner” Killed By The Administration Was A Former U.S. Aid Worker Loading Water Containers

JonathanTurley

We just discussed such compensation system in my Torts class. Indeed, even litigation over a wrongful death under the Federal Tort Claims Act is difficult on an extraterritorial basis. International Media Torts

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New York City can’t use tort law to sue oil companies over climate change, 2nd Circuit says

ABAJournal

Federal law gives the Environmental Protection Agency, not federal courts, the authority to regulate greenhouse emissions in the United States, a federal appeals court ruled…

Bankruptcy Judge Approves Purdue Pharma Plan

LPB Network

Here’s coverage from NPR, Mass Torts Recent DecisionsToday Judge Robert Drain of the U.S. Bankruptcy Court for the Southern District of New York approved a plan that gives individual members of the Sackler Family immunity from civil lawsuits relating to the opioid epidemic.

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Pennsylvania Woman Killed By Roommate’s Three Pit Bulls

JonathanTurley

We have previously discussed animal liability in torts. It is often said the every dog gets one free bite in American torts. Animals Torts

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Supreme Court Deals Loss to James King, Michigan Man Who Was Mistaken for Fugitive, Brutalized

LegalReader

Civil Rights Federal Tort Claims Act Grand Rapids jaicomo james king Police misconduct police-brutalityThe U.S. Supreme Court has dealt a severe loss to James King, a Michigan man who was brutalized by Grand Rapids police officers who mistook him for a fugitive.

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Law & Contemporary Problems Issue in Honor of Francis McGovern: Innovations in Complex Litigation and Settlement

LPB Network

Class Actions Conferences/Symposia Mass Torts MDLs Recent ScholarshipDuke’s Law & Contemporary Problems has published an issue in honor of Francis McGovern, Innovations in Complex Litigation and Settlement. Here are the details and links to the symposium contributions: Special Editors: Lynn A.

Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium.

Oklahoma Man Shots Unarmed Woman in the Back After She Tears Down His Nazi Flag

JonathanTurley

I teach these cases in my torts class and they raise many of the same issues. Bizarre Criminal law TortsThere is a no stand-your-ground case out of Oklahoma where Alexander Feaster, 46 is claiming that he shot Kyndal McVey, 27, in the back while she ran away as an act of self-defense.

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Court Rules Air Force Is More At Fault For Mass Shooting Than The Shooter

JonathanTurley

Bizarre Criminal law TortsThere was a remarkable decision by a Texas federal judge this week when U.S.

Indianapolis Police Officer Sues NFL For Defamation in Anti-Racism Campaign

JonathanTurley

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Criminal law Torts

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