Intentional Tort vs. Negligence in a Personal Injury Case

LegalReader

There are obvious and nuanced differences between intentional torts and negligence. Lawsuits & Litigation intentional tort negligence tort attorney tort claim tort claims act tort defenses

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court.

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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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Suicide Torts: Recent Bizarre Cases Raise Questions Over “Jumper” Liability

JonathanTurley

A couple of bizarre recent cases raise a question that we occasionally discuss in my torts class: the liability for suicidal acts, particularly jumping from buildings. Intentional torts can be based on either actual intent or reckless conduct. RESTATEMENT (SECOND) TORTS § 283A (AM.

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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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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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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

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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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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Justices debate state’s right to take tort recoveries from Medicaid beneficiaries

SCOTUSBlog

Now you’re saying the assignment … is incredibly broader than that, [that it reaches the tort recovery] whether you paid for it or not, whether you were required to pay for it or not, and [whether it is past or] future expenses, that you’re assigned the individual’s entire rights.

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Bankruptcy Is Optimal Venue For Mass Tort Cases

Law 360

While the recent bankruptcies of Johnson & Johnson, Purdue Pharma and Boy Scouts of America have sparked debate about whether bankruptcy court is the best venue for resolving mass tort claims, bankruptcy's structural, procedural and substantive benefits make it a superior choice over multidistrict litigation, says Samir Parikh at Lewis & Clark Law School

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Will Smith Writes Every ‘Cool’ Tort Professor’s Final Exam Question At The Oscars

Above The Law

The post Will Smith Writes Every ‘Cool’ Tort Professor’s Final Exam Question At The Oscars appeared first on Above the Law. I betchu Chris Rock won't do it again.

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Business Torts: Getting Into and Out of Legal Trouble

Chugh LLP

. Join attorney Hooman Yavi for an overview of the four main types of business torts and what they entail. During this video conversation, Hooman also provides examples of business torts as they have played out in the real world. What Are Business Torts?

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Reckless infliction of emotional distress plaintiffs was not within the reasonably foreseeable scope of the alleged tort.

Day on Torts

Deeming [plaintiff] a foreseeable RIED plaintiff under these circumstances would expand the universe of potential plaintiffs in such cases far beyond the appropriate scope of the tort.

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Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job

Above The Law

The post Alex Jones’s Lawyers ‘Splain To Bankruptcy Judge That Putting The Kibosh On State Tort Claims Is His Real Job appeared first on Above the Law. Bold strategy, Cotton!

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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.

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Trying To Find Love In Between IP And Torts? This T14 Law School Has You Covered

Above The Law

The post Trying To Find Love In Between IP And Torts? We all know Ohio is for lovers, but Massachusetts wants in on the action. This T14 Law School Has You Covered appeared first on Above the Law. Law Schools Harvard Law School Holidays and Seasons Valentine's Day

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.

“Vein Filter Victim Calls On Pa. Justices For Tort Law Shake-Up”

HowAppealing

Justices For Tort Law Shake-Up”: Matt Fair of Law360 has this report (subscription required for access) on the brief for appellant that I filed on my client’s behalf yesterday in the Supreme Court of Pennsylvania. “Vein Filter Victim Calls On Pa. My earlier posts collecting coverage of this case, pending before Pennsylvania’s highest court on certified questions from the U.S. Court of Appeals for the Third Circuit , can be accessed here and here

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“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”

HowAppealing

“Ohio Supreme Court asked to overturn tort reform law that lowered Brook Park child rapist’s judgment from $20 million to $250,000”: Laura Hancock of The Cleveland Plain Dealer has this report. The Supreme Court of Ohio has posted online the video of yesterday’s oral argument at this link. Attorney Robert S. Peck argued the appeal for the plaintiff

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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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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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Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law

Conflict of Laws

Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law. This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’

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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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 Research seminar (online) “International Tort Litigation in the Internet and Artificial Intelligence Era: An EU Approach” 27 April 2022

Conflict of Laws

The topic is International Tort Litigation in the Internet and Artificial Intelligence Era: An EU Approach. The Aberdeen Centre for Private International Law invites you to a research seminar organised under the auspices of the Aberdeen Law School Research Seminar Series. The seminar will be delivered by Professor Guillermo Palao from the Universitat de València, and will be held on Wednesday 27 April 2022, 3-4.30pm UK time , through MS Teams.

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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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

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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Supreme Court limits homeowners’ ability to sue their lenders in tort

At the Lectern

Wells Fargo Bank today holds a lender does not “owe the borrower a tort duty sounding in general negligence principles to (in plaintiff’s words) ‘process, review and respond carefully and completely to [a borrower’s] loan modification application,’ such that upon a breach of this duty the lender may be liable for the borrower’s economic losses — i.e., pecuniary losses unaccompanied by property damage or personal injury.”

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Canada: B.C. Court Of Appeal Declines To Recognize New Tort Of "Blacklisting" - McCarthy Tétrault LLP

Mondaq

Court of Appeal declined to recognize a new tort of "blacklisting". The Court of Appeal held that the proposed tort would not In FORCOMP Forestry Consulting Ltd. British Columbia, the B.C.

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

ABA Journal

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

Tort 52

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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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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US Supreme Court hears oral arguments on federal Medicaid Act

JURIST

The entitlement only applies when the state has paid for past medical expenses for a beneficiary, but then a tort settlement provides the beneficiary with compensation for past and future medical expenses. marstiller Medicaid oral argument settlements Supreme Court torts

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