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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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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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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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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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“Surprise! U.S. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.”

HowAppealing

Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” “Surprise! ” Alison Frankel’s “On the Case’ from Reuters has this post about an amicus brief filed Monday in the U.S. Court of Appeals for the Seventh Circuit. The post “Surprise! ” appeared first on How Appealing

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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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Wisconsin’s AG Is Launching A Huge Toxic Tort Suit

Above The Law

The post Wisconsin’s AG Is Launching A Huge Toxic Tort Suit appeared first on Above the Law. Has anyone else noticed that their cheese is VERY water resistant? Government Environment / Environmental Law PFAS Wisconsin

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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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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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TikTok Torts: Idaho Professor Sues “Internet Sleuth” for Defamation Over Idaho Murders

JonathanTurley

Constitutional Law Free Speech TortsThere is an interesting defamation case out of Idaho in which Rebecca Scofield , an associate professor and the chair of the history department at the University of Idaho, is suing TikTok personality Ashley Guillard for defamation.

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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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Reschedule Watch: Birthright citizenship and torts to members of the armed forces

SCOTUSBlog

United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces.

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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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AI program earned passing bar exam scores on evidence and torts; can it work in court?

ABA Journal

Artificial intelligence programs are making inroads in the legal field, showing proficiency in two sections of a practice bar exam and getting used for the…

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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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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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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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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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Spooky Torts: The 2022 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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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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Sotera VP Sues In Del. For Legal Fees After Toxic Tort Deal

Law 360

A former top officer of Sotera Health Company has sued the lab testing and industrial sterilization giant in Delaware's Court of Chancery, alleging the company failed to provide legal fee advancement for suits targeting a subsidiary's emissions of cancer-causing pollution from a suburban Chicago plant.

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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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Third Circuit Ruling Blocks Bankruptcy Proceedings for LTL Management

LegalReader

Verdicts & Settlements bankruptcy and covid-19 bankruptcy attorneys bankruptcy lawyers mass tort lawsuits mass tort suits

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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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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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ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties

LegalReader

News & Politics American Tort Reform Association Civil Penalties Ethicon Johnson & Johnson Johnson & Johnson Products Johnson and Johnson Tort reformArbitrary, excessive punishments result from lack of clarity under some laws.

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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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“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. District Judge Vince Chhabria, in a 2021 holding in the multidistrict litigation over Monsanto’s Roundup pesticide, called common benefit fees ‘totally out of control,’ sending shockwaves throughout the mass torts bar; But the Ninth Circuit, in a five-page unpublished opinion, found it lacked jurisdiction to review the order.”

HowAppealing

“‘Totally Out of Control’ Attorney Fees in Mass Torts Dodge Appellate Review; U.S. District Judge Vince Chhabria, in a 2021 holding in the multidistrict litigation over Monsanto’s Roundup pesticide, called common benefit fees ‘totally out of control,’ sending shockwaves throughout the mass torts bar; But the Ninth Circuit, in a five-page unpublished opinion, found it lacked jurisdiction to review the order.”

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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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“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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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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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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