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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. MORE
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. MORE
“Guido Calabresi Lauded at His Final Torts Class”: Yale Law School has published this report MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
In this case, the Plaintiff and Defendant, were in a long-term relationship riddled with sexual and physical abuse MORE
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 MORE
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. MORE
A former tort plaintiff has filed a $13 billion lawsuit that accuses Baker, Donelson, Bearman, Caldwell & Berkowitz of conspiring with an insurer and private… MORE
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. MORE
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. MORE
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. MORE
Supreme Court Justice Clarence Thomas argued Monday that the high court should have agreed to hear an appeal by a West Point cadet to… MORE
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. MORE
Bizarre Criminal law TortsThere was a remarkable decision by a Texas federal judge this week when U.S. MORE
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). MORE
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. MORE
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 MORE
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. MORE
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. MORE
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 MORE
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. MORE
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… MORE
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?’ MORE
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. MORE
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. MORE
’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. MORE
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 MORE
We have previously discussed animal liability in torts. It is often said the every dog gets one free bite in American torts. Animals Torts MORE
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). MORE
SEPTEMBER 22, 2021
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.” MORE
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. MORE
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. MORE
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
Tort Related Topics 
LegalReader
FEBRUARY 3, 2021
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
LegalReader
MARCH 31, 2021
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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HowAppealing
MAY 27, 2021
“Guido Calabresi Lauded at His Final Torts Class”: Yale Law School has published this report
Day on Torts
SEPTEMBER 22, 2021
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.”
JonathanTurley
DECEMBER 24, 2020
’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.
Constitutional Law Reporter
SEPTEMBER 10, 2021
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.
SCOTUSBlog
FEBRUARY 25, 2021
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.
LPB Network
JUNE 17, 2021
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).
LPB Network
JUNE 23, 2021
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.
Law 360
JULY 30, 2021
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
Law 360
MAY 17, 2021
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
|
ABAJournal
JULY 12, 2021
A former tort plaintiff has filed a $13 billion lawsuit that accuses Baker, Donelson, Bearman, Caldwell & Berkowitz of conspiring with an insurer and private…
Day on Torts
AUGUST 2, 2021
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.
HowAppealing
AUGUST 25, 2021
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.
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.
Day on Torts
FEBRUARY 17, 2021
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.
HowAppealing
JULY 22, 2021
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.
Gravel2Gavel
JUNE 22, 2021
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.
LegalReader
AUGUST 30, 2021
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
Mondaq
SEPTEMBER 21, 2021
In this case, the Plaintiff and Defendant, were in a long-term relationship riddled with sexual and physical abuse
JURIST
AUGUST 5, 2021
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.
JURIST
JUNE 20, 2021
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.
Conflict of Laws
SEPTEMBER 9, 2021
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).
Day on Torts
JUNE 2, 2021
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.
Law Columbia
JUNE 16, 2021
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.
ABAJournal
MAY 3, 2021
Supreme Court Justice Clarence Thomas argued Monday that the high court should have agreed to hear an appeal by a West Point cadet to…
JonathanTurley
SEPTEMBER 21, 2021
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.
LegalReader
MAY 21, 2021
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.
JonathanTurley
AUGUST 18, 2021
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.
JURIST
FEBRUARY 26, 2021
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.
JonathanTurley
SEPTEMBER 11, 2021
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
ABAJournal
APRIL 2, 2021
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…
LPB Network
SEPTEMBER 1, 2021
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.
JonathanTurley
AUGUST 6, 2021
We have previously discussed animal liability in torts. It is often said the every dog gets one free bite in American torts. Animals Torts
LegalReader
FEBRUARY 27, 2021
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.
LPB Network
JULY 27, 2021
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.
JonathanTurley
SEPTEMBER 9, 2021
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.
JonathanTurley
JULY 27, 2021
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.
JonathanTurley
JULY 7, 2021
Bizarre Criminal law TortsThere was a remarkable decision by a Texas federal judge this week when U.S.
JonathanTurley
JUNE 16, 2021
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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