Law 360

AUGUST 24, 2022

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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Day on Torts

SEPTEMBER 22, 2021

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.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

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Conflict of Laws

OCTOBER 29, 2021

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.

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Gravel2Gavel

JUNE 22, 2021

SUPREME COURT. The Court of Appeals for the Federal Circuit invalidated their appointments and thereby jeopardized hundreds of pending patent claim judgments. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. Continue Reading ›.

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Conflict of Laws

MARCH 24, 2025

By Adeline Chong, Singapore Management University Introduction In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The same points on nullity and public policy were raised.

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Mondaq

SEPTEMBER 25, 2021

The Alberta Court of Queen's Bench recognized the tort of "public disclosure of private facts" in Alberta, in ES v Shillington, 2021 ABQB 739 ("Shillington").

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Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] Patent assertion finance today is a multibillion-dollar business.

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ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. By Yumeno Grace Nishikawa, LLM*.

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ClimateChange-ClimateLaw

FEBRUARY 23, 2022

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. The Hawai‘i Circuit Court’s decision.

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Conflict of Laws

DECEMBER 12, 2021

The XXIInd volume of the Yearbook of Private International Law (2020/2021) has been released. The most recent innovations on classical themes of private international law (torts, muslim divorces, the degree of deference by state courts to international commercial arbitral awards, etc.) add to this already rich volume.

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Conflict of Laws

DECEMBER 16, 2021

In its Judgment BT v Seguros Catalana Occidente, EB, Case C-708/20 , rendered on 9 December 2021, the Court of Justice of the European Union interpreted Article 13 Brussels Ibis Regulation. Two main scenarios are taken into account.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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Conflict of Laws

AUGUST 29, 2024

The primary rule for jurisdiction in personam in Indonesia is to sue the defendant in their home court. Similarly, the doctrine of lis alibi pendens is part of Indonesian civil procedure, though rarely used in cases pending in foreign courts between the same parties and subject matter. Pereira (Supreme Court decision 376 K/Pdt.

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Conflict of Laws

FEBRUARY 28, 2024

It contains the following articles, case notes, and English translations of some court decisions relating to or relevant to private international law. 457) Judicial Decisions in Japan Private International Law Intellectual Property High Court, Judgment, July 20, 2022 Applicable Law — Patent Infringement — Territoriality Principle (p.

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Conflict of Laws

APRIL 7, 2023

courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. First Circuit, Mexico argues that the district court’s application of PLCAA to bar its claims under Mexican tort law was “impermissibly extraterritorial”. On appeal in the U.S.

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SCOTUSBlog

OCTOBER 30, 2023

Share The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The Federal Tort Claims Act is a 1946 law that allows private individuals to sue the United States for the negligent or wrongful acts of federal employees. The district court dismissed all of King’s claims.

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Day on Torts

JUNE 2, 2021

Where plaintiff alleging defamation was a public figure but had pleaded in the complaint that defendants were “negligent and/or reckless in ascertaining the truth” of the statements, the trial court incorrectly granted judgment on the pleadings on the defamation and false light invasion of privacy claims. In Kauffman v. Forsythe , No.

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Day on Torts

JANUARY 11, 2022

28, 2021), plaintiff filed this pro se legal malpractice claim against defendant on December 20, 2019. After a hearing, the trial court granted summary judgment based on the statute of limitations, and the Court of Appeals affirmed. In Jones v. Marshall , No. M2020-01627-COA-R3-CV (Tenn.

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Day on Torts

AUGUST 13, 2021

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV.

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Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

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Mondaq

JULY 30, 2021

Court denies retroactive stay relief that would validate default judgment. notify a tort claimant of his chapter 11 filing. The debtor did not. The claimant filed an action against the debtor after. the bankruptcy filing.

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At the Lectern

SEPTEMBER 27, 2021

The latest edition of California Legal History, the Journal of the California Supreme Court Historical Society , is out and available here. Moreno, Associate Justice, California Supreme Court, 2001–2011. Disclosure: I’m on the Society’s board of directors.]. Oral History of Carlos R.?Moreno,

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Conflict of Laws

FEBRUARY 27, 2022

He represented Greece in the conference on the Lugano Convention, in the negotiations for the accession of Greece to the Brussels Convention, as well as in various committees for the harmonization of the law of contracts, torts and civil procedure in the EU. PA, with a case comment by Judge Ms. Mouttotos , University of Bremen, and Dr. N.

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Conflict of Laws

JULY 5, 2021

Remien : The European Succession Regulation and the many questions of the European court practice – five years after entry into force. but especially national court practice shows many interesting cases of the necessary overall assessment. The article pleads for an equilibrated multilateral approach. The long-awaited U.S.

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ClimateChange-ClimateLaw

JUNE 16, 2021

A new case filed by the ATF through the Ministério Público Federal (MPF) in federal court targets a Brazilian farmer (Dauro Parreiras de Rezende) who was single-handedly responsible for the deforestation of 2,488.56 The court also suspended any paperwork related to the movement of cattle coming from or destined to the farms.

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Conflict of Laws

MARCH 7, 2025

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p. Tokyo: Shinzansha, 2021.

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Conflict of Laws

AUGUST 30, 2021

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. In Ruth Bader Ginsburg, the Supreme Court has not only lost an icon of gender equality and towering figure, but also a great internationalist.

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Contract Tort Court Litigation 52

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

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Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

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Constitutional Law Reporter

SEPTEMBER 15, 2021

S. _ (2021), the U.S. By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. Supreme Court’s Decision. A divided Supreme Court reversed.

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Day on Torts

AUGUST 10, 2022

The trial court first granted summary judgment to Alcoa, Maryville and Blount County, finding that Alcoa did not control the park, and Maryville and Blount County neither owned nor controlled the park, both of which are required to remove immunity under the GTLA.

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Conflict of Laws

JANUARY 10, 2022

One is the jurisdictional challenge of finding a competent court in the same jurisdiction as the individual users. [3] This constellation provides a strong argument for facilitating collective redress, as otherwise individual users may not be able to obtain justice for privacy infringements before the courts.

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Fordham Law News

SEPTEMBER 24, 2023

They all used bankruptcy to try to get out of mass tort claims. [1] They all used bankruptcy to try to get out of mass tort claims. [1] In October of 2021, Johnson & Johnson created a subsidiary called LTL Management, LLC. [3] 8] The second step is to then transfer the tort liabilities into the new corporations. [9]

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SimplyLawJobs

OCTOBER 12, 2021

Currently in her second year of study Keeva has begun classes such as Tort, Property Law, Eu Law, and Commercial law, with the average day consisting of several seminar preps and sessions. . Tip from a law student: “Choose your A Level subjects wisely!” Follow Keeva for more legal industry insights – LinkedIn . Browse jobs.

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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. LSEW adopted a similar resolution in 2021. John Kerry, then U.S.

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Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

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