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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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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Williamson County, Tennessee Tort Trial Statistics

Day on Torts

In addition to information about court clerks, local rules, local forms, and more, each county’s database includes information about tort jury and non-jury trials. BirdDog Law is the leading resource center for Tennessee trial lawyers and paralegals.

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Res judicata dismissal of tort claims reversed.

Day on Torts

Where plaintiffs filed tort claims related to a car accident, and those tort claims were not compulsory counterclaims in a previous action filed by defendant against plaintiffs based on the same accident, the ruling that plaintiffs’ claims were barred by the doctrine of res judicata was reversed.

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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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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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Tort Litigation against Transnational Companies in England

Conflict of Laws

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. The tort-based parental duty of care approach has been utilized by English courts for holding a parent company accountable for the actions of its subsidiary.

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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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US Supreme Court allows Medicaid programs to seek reimbursement from tort settlement payments

JURIST

The Supreme Court sided with Florida’s Medicaid program by ruling that Medicaid programs can seek tort settlement payment reimbursement for an individual’s future medical care, not just past care. The US Supreme Court Monday held by a 7-2 vote in Gallardo v.

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“Is 3M earplug bankruptcy the beginning of the end of mass tort MDLs?”

HowAppealing

“Is 3M earplug bankruptcy the beginning of the end of mass tort MDLs?” ” Alison Frankel’s “On the Case” from Reuters has this post

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COVID-19 Tort Cases Have Peaked, Report Says

Law 360

The number of COVID-related tort suits filed in federal court peaked in the first quarter of 2021 about a year into the pandemic and has been ebbing steadily in each quarter since, according to a new report by Lex Machina

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Covid-19 Shuts Down Tort and HCLA Trials in Tennessee in 2020-21

Day on Torts

Tennessee’s tort and health care liability action trials came near to a screeching half for the fiscal year ending June 30, 2021. There were only 31 jury and 113 nonjury tort trials in twelve months, and only 1 jury and 7 nonjury health care liability cases tried during the same period.

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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 validate states’ right to take tort recoveries from Medicaid beneficiaries

SCOTUSBlog

The post Justices validate states’ right to take tort recoveries from Medicaid beneficiaries appeared first on SCOTUSblog.

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United States: 2022 Product & Mass Torts Summit - Winston & Strawn LLP

Mondaq

Winston & Strawn LLP held its second-annual Product & Mass Torts Summit on June 7.

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New Data Being Added To BirdDog Law – Tort Trials and Damages, By County

Day on Torts

Readers know that we have launched BirdDog Law , a website for Tennessee lawyers and paralegals that (a) hosts three of my books and makes them available by subscription on a monthly or annual basis; and (b) provides a large number of free resources to help lawyers more efficiently serve their clients.

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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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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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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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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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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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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.

Two Pennsylvania law schools now named after Philadelphia tort attorney

ABA Journal

Following a $50 million gift to Drexel University’s law school in 2014, Philadelphia trial lawyer Thomas R. Kline has committed to give the same amount…

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United States: Watch Your Step: New Jersey Tort Claims Act Summer Law Update - Freeman Mathis & Gary

Mondaq

The New Jersey Tort Claims Act remains a viable defense this summer for public entities, even for cases involving uneven boardwalks at the New Jersey shore

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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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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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“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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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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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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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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“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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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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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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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

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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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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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“Divided Pa. Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. 12 order reversing a trial court’s decision to sustain the defendants’ preliminary objections”

HowAppealing

Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. “Divided Pa.

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