Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v.

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Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Woodland Presbyterian , No.

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Day on Torts

DECEMBER 14, 2020

Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs. I speak about torts and comparative fault (2 hours general credit) and the law of jury selection (1 hour general credit). Recent Decisions (2020) – Procedure, Employment, Evidence, Family Law (Part 1). (1 Upping Your Evidence IQ.

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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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At the Lectern

APRIL 14, 2021

Like all calendars since April 2020 , and for the foreseeable future, May’s arguments will be remote and based in San Francisco. (See Joseph Health System : To what extent, if any, is the initiation and conduct of medical peer review proceedings protected activity under the anti-SLAPP statute? Cable News Network, Inc. ,

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Day on Torts

MARCH 4, 2022

Note: Chapter 30, Section 1 and Chapter 73, Section 6 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

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Day on Torts

DECEMBER 1, 2020

Tennessee Justice Programs has released it Fall 2020 on-demand video seminar CLE programs. I speak about torts and comparative fault (2 hours general credit) and the law of jury selection (1 hour general credit). Recent Decisions (2020) – Procedure, Employment, Evidence, Family Law (Part 1). (1 Upping Your Evidence IQ.

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Day on Torts

DECEMBER 5, 2022

The Court noted that this exact issue had been addressed in a 2020 Court of Appeals case, where the Court stated: “The law in Tennessee is well-established on this issue, and it is not the role of this Court to depart from it.” internal citation omitted). months after oral arguments in this case.

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ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. The IBA issued a “Climate Crisis Statement” in 2020 that builds on the ABA resolution.

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Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. 626, Date of judgment: 4 December 2020. [2]

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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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The Fashion Law

OCTOBER 19, 2021

According to the complaint that he filed in a Michigan state court in September 2020, Mr. Moran alleged that in or around 2012, New York-based Edie Parker LLC and its founder Brett Heyman (the “defendants”) “began selling high end handbags and accessories patterned after vintage styles favored by Ms. 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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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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JonathanTurley

DECEMBER 6, 2023

There are 33 states with retraction statutes. Despite his past controversial writings, he was selected as the 2019 & 2020 National Association of Black Journalists Award Winner. .” These retraction letters are often the open salvo in defamation actions. The letter notifies Carron J.

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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. The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement.

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Conflict of Laws

AUGUST 19, 2021

The court has no power to order service out of the area of its jurisdiction except where so authorised by statute or other rule having force of statute.” 2020) Private International Law in Nigeria Hart Publishers p. 2020) Private International Law in Nigeria Hart Publishers p. ” [11]. . 16] Okoli, C.

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JonathanTurley

JANUARY 29, 2022

Kilborn was later informed that he was the subject of an investigation into “allegations of race based discrimination and harassment” for allegedly “creat[ing] a racially hostile environment for … non-white students between January, 2020 and January, 2021, particularly during your Civil Procedure II course.”.

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Conflict of Laws

MAY 9, 2023

Setting the scene… In 2020, a group of members of the Sejm, lower chamber of the Polish Parliament, brought a request for a constitutional review that, in essence, concerns the application of the jurisdictional immunity of the State in the cases pertaining to liability for war crimes, genocide and crimes against humanity.

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Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

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Laws Tort Contract Court 52

SCOTUSBlog

JULY 1, 2021

Thus, some of these cases are likely to be the last grants of October Term 2020. 20-219 , asks whether the compensatory damages available under Title VI of the Civil Rights Act and the statutes that incorporate its remedies, such as the Rehabilitation Act and the Affordable Care Act , include compensation for emotional distress.

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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. The Court noted that the statute immediately “spells trouble for Fossil and the circuit precedent on which it relies.” 7 While the statute makes willfulness a prerequisite to a pro?ts at 1494-95.

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At the Lectern

FEBRUARY 11, 2021

Young , a case involving the recreational use immunity statute, Civil Code section 846. Constitution’s “dormant Commerce Clause” Code of Civil Procedure section 351 , which tolls the statute of limitations for an action against a person who, “after the cause of action accrues, departs from the State.”

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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 39

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 Construction 61

Conflict of Laws

MAY 12, 2022

What one system characterises as an issue for the proper law of the contract could be treated as an issue for a forum statute in another. The extraterritorial application of forum statutes to deal with these kinds of issues may pose a recurring challenge for Musk’s vision. [8] The law applicable to online dignity.

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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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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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JonathanTurley

DECEMBER 15, 2021

. “[t]he CVA effectively strips defendants of any timeliness defense so long as the conduct over which they are sued constitutes a sexual offense under Article 130 or violations of other enumerated statutes. 88476, 2020 WL 856432, at *4 (N.Y. 21, 2020); ARK3 Doe v. 900010/2019, 2020 N.Y. May 11, 2020).

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SCOTUSBlog

APRIL 21, 2021

United States that the Federal Tort Claims Act, through which Congress generally waived the federal government’s sovereign immunity from tort liability, does not extend to service-members’ injuries that “arise out of or are in the course of activity incident” to a person’s active duty service in the military. CVSG: 12/4/2020.

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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 44

JonathanTurley

JANUARY 26, 2024

Then had this telling exchange: Q Was that loan agreement, that [sic] in place in January of 2020 when you first began giving loans out to Hunter Biden? It’s your testimony that in January of 2020, when you first began giving loans to Hunter Biden, there was no written loan agreement in place at that time, correct? Mr. Morris.

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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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JonathanTurley

DECEMBER 19, 2021

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. In 2020, the city triggered a controversial appeal in New York State Rifle & Pistol Association, Inc. City of New York.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

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. United States , No. 18-36082 (9th Cir. DECISIONS AND SETTLEMENTS. Union of Concerned Scientists v. National Highway Traffic Safety Administration , Nos. 19-1230 et al. Chao , No.

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JonathanTurley

FEBRUARY 3, 2022

Putting aside a later defamation action (though the statute of limitations is a concern), the filing could present an interesting question of whether the statute can be used to chill or curtail free speech. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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