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No cause of action against employers for take-home COVID

At the Lectern

” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says. Superior Court (2021) 73 Cal.App.5th ” The opinion does, however, leave unaddressed some issues that could change the bottom line. .”

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United Kingdom Supreme Court confirms that consequential loss satisfies the tort gateway for service out of the jurisdiction

Conflict of Laws

In FS Cairo (Nile Plaza) LLC v Lady Brownlie [2021] UKSC 45 (“ Brownlie II ”), the Supreme Court held as a matter of ratio by a 4:1 majority that consequential loss satisfies the ‘tort gateway’ in Practice Direction (“ PD ”) 6B, para. Economic torts? This post is written by Joshua Folkard, Barrister at Twenty Essex. Background.

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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma. Decedent himself ultimately accepted a settlement in lieu of further litigation. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. … In Welch v. Welch , No.

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

ClimateChange-ClimateLaw

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims.

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Australian Federal Court dismisses the novel duty of care previously found in Sharma: what does it mean for future climate litigation in Australia?

ClimateChange-ClimateLaw

The decision has significant implications for future climate litigation claims in Australia. Prior to this decision, the Sabin Center’s Network of Peer Review Scholars on Climate Litigation held a webinar on the Sharma case. The webinar covered the background of the case as well as the 2021 decision which was now reversed.

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Spooky Torts: The 2021 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. Well, give it enough time and someone will prove you wrong.

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

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