2021 Cause of Action Statute Tort 
Constitutional Law Reporter
SEPTEMBER 10, 2021
S. _ (2021), the U.S. 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. Where the statute does not apply extraterritorially, plaintiffs must establish that “the conduct relevant to the statute’s focus occurred in the United States.
Day on Torts
NOVEMBER 7, 2022
Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.
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At the Lectern
JULY 6, 2023
The court also holds that California’s worker’s compensation statutes don’t bar the action. ” “[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
Day on Torts
AUGUST 2, 2021
July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.” In Lawson v. Hawkins County, TN , No. E2020-01529-COA-R3-CV (Tenn. internal citation).
Day on Torts
DECEMBER 20, 2021
10, 2021), plaintiffs were the heirs of decedent, who had previously died of mesothelioma. As we perceive it, any potential cause of action for Decedent’s wrongful death was extinguished when he resolved his personal injury case during his lifetime by way of settlement. In Welch v. Welch , No. M2021-00081-COA-R3-CV (Tenn.
Day on Torts
MARCH 30, 2021
Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.
LettersBlogatory
AUGUST 23, 2021
In Nestlé , the court held that a “triple-foreign” claim (a foreign plaintiff asserting that a foreign defendant injured him in a foreign country) cannot proceed under the Alien Tort Statute, even if the claim is that a US company aided and abetted the wrong. Credit: Cramos (CC BY-SA). The case of the day is Scalin v.
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