Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. The homeowner appealed arguing that, in limiting her recovery to $3,600, the trial court interpreted the statute too narrowly. Seven of the civil cases are tort cases.

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Court Tort Statute Lawyer 59

Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” internal citation omitted).

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Compensatory Damages Punitive Damages Tort Diligence 59

Conflict of Laws

DECEMBER 6, 2023

The ship departed Sydney on 8 March 2020, then returned early on 19 March 2020 after an outbreak. The decision is significant too for private international law nerds like myself, contemplating how to resolve choice of law questions in our age of statutes. Many passengers became sick.

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Contract Laws Court Statute 72

JonathanTurley

OCTOBER 30, 2022

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. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Tort Litigation Litigating Manufacturing 33

Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn. Introduction. Summary of Facts.

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Laws Court Contract Legal 98

JonathanTurley

OCTOBER 31, 2021

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. However, there are still some notable additions that raise more legal frights. See Pennsylvania General Assembly Statute §7102.

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Tort Litigation Litigating Manufacturing 34

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

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Manufacturing Mens Rea Contract Tort 52

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

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Cause of Action Tort Court Statute 59

Conflict of Laws

MAY 9, 2023

Written by Zuzanna Nowicka , lawyer at the Helsinki Foundation for Human Rights and lecturer at Department of Logic and Legal Argumentation at University of Warsaw In the aftermath of the judgment of the ICJ of 2012 in the case of the Jurisdictional Immunities of the State (Germany v.

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Court Constitutional Law Laws Legal 40

Conflict of Laws

AUGUST 19, 2021

Submission may be express, where the defendant signed a jurisdiction agreement or forum selection clause agreeing to submit all disputes to the courts of a particular legal system for adjudication either or an exclusive or non-exclusive basis. ” [11]. . Leave to Issue and Serve Versus Substituted Service. 1977) 5 SC 181.

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Court Contract Statute Laws 76

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). In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance.

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Tort Statute Criminal Law Court 32

The Fashion Law

OCTOBER 19, 2021

Edie Parker – the brand whose colorful and often customized acrylic box bags have garnered a very long list of famous fans and graced red carpets from the Oscars to the Met Gala – has prevailed in a legal battle that it has been fighting over its name. The case was removed to federal court in October 2020.). Parker’s estate.

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Tort Court Laws Statute 66

InHouseOps

JULY 16, 2021

Illinois is not the only state that regulates biometrics, but it is the only state currently whose biometric statute includes a private right of action. Krishna Schaumburg Tan , 2020 IL App (1st) 191834, appeal allowed, 154 N.E.3d 2020) is the only case so far construing this provision in the context of biometrics. 3d 804 (Ill.

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Laws Litigation Litigating Personal Injury 52

Conflict of Laws

AUGUST 30, 2021

In this contribution, it is shown that unilateral approaches – such as the EU Parliament has suggested (P9_TA-PROV(2020)0276) – are unnecessary and detrimental. It is shown that a mere reinterpretation of the existing Article 5 Rome II Regulation might lead to legal insecurity, and that an addition of the provision is preferable.

Contract 52

Contract Tort Court Litigation 52

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. On October 27, 2020, the D.C. Chernaik v. Brown , No. S066564 (Or. Rhode Island v.

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Cause of Action Court Government Litigation 96

Conflict of Laws

MARCH 19, 2021

Wagner: European Conflict of Law 2020: EU in crisis mode! This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from December 2019 until December 2020. Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims.

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Divorce Contract Tort Court 52

JonathanTurley

OCTOBER 30, 2023

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. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 39

JonathanTurley

OCTOBER 15, 2022

Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. If it occurred in 2017, the statute of limitations ran by 2020. The first step would often be a demand for retraction from Breitbart under a state retraction statute.

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Statute Criminal Law Court Laws 35

JonathanTurley

DECEMBER 19, 2021

The reason is that these legislative measure are propelled by political rather than legal judgment. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. City of New York.

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Manufacturing Laws Litigation Litigating 26

Conflict of Laws

MAY 12, 2022

The balance to be struck between free speech on the one hand, and so-called ‘personality rights’ on the other, is a controversial issue within a legal system, let alone between legal systems. There is a diversity of approaches to choice of law for cross-border infringements of personality rights between legal systems. [7]

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Laws Statute Litigation Litigating 98

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court noted that the Office of Surface Mining Reclamation and Enforcement had approved the mine’s expansion in June 2019 but that the plaintiffs had not sought the preliminary injunction until August 2020. WildEarth Guardians v. 1:20-cv-01342 (D.

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Court Reporting Court Construction Government 55

JonathanTurley

JANUARY 26, 2024

Putting the personal invectives aside, Sullivan did offer a couple of details on the possible defense of Morris in a pending ethics complaint brought by a conservative legal group. This is also now the subject of a new bar complaint filed by a conservative legal group this week. You had legal counsel as well. Mr. Morris.

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Lawyer Lawyers Litigation Litigating 50

ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute. Renewable Fuels Association v.

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Court Statute Government Litigation 42

JonathanTurley

FEBRUARY 3, 2022

However, after reading the filing, I remain skeptical of the legal basis for the action. However, Vindman did not challenge the legality of those moves. For full disclosure, I am a legal analyst on Fox News). It claims that this conspiracy has left “a stain on our democracy.” 1985(2).

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Punitive Damages Tort Attorney Statute 35

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. The district court scheduled a hearing for April 16, 2020 to consider the defendants’ motion to dismiss or transfer those cases. 4, 2020); California v.

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Court Reporting Court Government Construction 40

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” After Developers Terminated Methanol Terminal Project, Ninth Circuit Granted Motions to Dismiss Appeals.

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Court Statute Litigation Litigating 45

SCOTUSBlog

JUNE 28, 2021

In Alito’s view, the 8th Circuit “applied the correct legal standard and made a judgment call on a sensitive question.” In August 2020, then-Acting Solicitor General Jeffrey Wall suggested that the justices put CACI’s case on hold until their ruling in Nestle v. Last year the court asked the U.S.

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Immigration Court Government Education 103

ClimateChange-ClimateLaw

APRIL 9, 2021

In Minnesota, the district court granted the State of Minnesota’s motion to remand its case, which asserts state law claims under common law and consumer protection statutes. s consumer protection statute. On March 26, 2021, the court denied Exxon’s emergency motion for a temporary stay of the remand order. Continental Resources, Inc.

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Court Statute Litigation Litigating 115

JonathanTurley

MAY 12, 2022

92 (1896), for example, the Massachusetts Supreme Court ruled that a labor union could be found guilty of an intentional tort by picketing a business. Just because something is legal does not make it right. Guntner, 167 Mass. Oliver Wendell Holmes, then a state court justice who later famously joined the U.S.

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