Day on Torts

NOVEMBER 7, 2022

M2022-00476-COA-R3-CV, 2022 WL 16545403 (Tenn. 31, 2022), patient was hospitalized at defendant hospital from August 7-24, 2020. While “a cause of action generally accrues when an injury occurs,” application of the discovery rule may change the date on which the limitations period begins to run. In Jackson v.

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At the Lectern

JULY 20, 2023

Supreme Court actions of note at its conference yesterday included: Negligent infliction of emotional distress. City of Riverside to address an issue that’s a perennial favorite of law school moot courts and writing classes — the limits on a bystander’s right to recover for negligent infliction of emotional distress.

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Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury). In response, 3AC protested the New Zealand court’s jurisdiction.

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The IP Law Blog

JANUARY 11, 2024

In 2021, at the age of 30, he filed his lawsuit and after two rounds of amended pleadings, filed a second amended complaint in January 2022. 2255, which allows victims of child pornography to bring a civil cause of action. Mr. Elden asserts a single claim against the defendants for violation of 18 U.S.C.

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SCOTUSBlog

APRIL 2, 2022

Share This week we highlight cert petitions (and one original action ) that ask the Supreme Court to consider, among other things, whether New Jersey can withdraw from its Waterfront Commission Compact with New York concerning governance and law enforcement over the Port of New York and New Jersey. In New York v. However, the U.S.

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Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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JonathanTurley

OCTOBER 30, 2022

The plaintiff also brought criminal charges against the defendant’s son arising from this incident and the defendant’s son pleaded guilty to assault in the third degree (Penal Law § 120.00 [2]). In the United States, the original tortfeasor is liable for such injuries caused by negligent rescues.

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Patently O

MARCH 18, 2024

2022-2170 (Fed. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”) ”) Patent law does not have a specific statute of limitations associated with claims to correct inventorship. 663 (2014).

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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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Patently O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. ” 5 U.S.C. Colt Indus.

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Day on Torts

MARCH 29, 2022

22, 2022), plaintiffs purchased a home from defendants. Shortly after the purchase, plaintiffs discovered the home was contaminated with mold, and they filed this action asserting claims for breach of contract, negligence, gross negligence, negligent misrepresentation, and intentional misrepresentation. In Smith v. Walker , No.

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Fordham Law News

DECEMBER 2, 2022

The lawsuit filed by Prince and House has three causes of action. [6] 11] Most recently, on Friday, October 21, 2022, the plaintiffs filed a motion for class certification. [12] 25, 2022), [link]. [12] 24, 2022), [link]. [13] State Legislatures (May 16, 2022), [link]. [19] 12] Drew T.

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Patently O

OCTOBER 20, 2022

Oct 17, 2022) is a companion case another recent opinion, Weisner v. Oct 13, 2022). Read my post on Weisner : Dennis Crouch, Distinguishing Collecting Information from Using Information , Patently-O (Oct 17, 2022). Such functional claim language, without more, is insufficient for patentability under our law.

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Constitutional Law Reporter

JUNE 17, 2022

Boule , 596 U.S. _ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. In Egbert v. Border Patrol agent.

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Conflict of Laws

DECEMBER 19, 2022

Thus, he can apply for an interim measure in State A according to national law and may have this measure enforced under the Brussels Ibis Regulation in State B by way of attachment of accounts. Any future judgement by the referring court must thereafter be dependant on the interpretation of Union law. 7(2) Brussels I bis Regulation.

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Conflict of Laws

JUNE 4, 2023

See Béligh Elbalti, “Spontaneous Harmonization and the Liberalization of the Recognition and Enforcement of Foreign Judgments, Japanese Yearbook of Private International Law , Vol. 3174/2021 of 27 January 2022 ). 329/2022 of 14 November 2022 ). 16, 2014, p. 338/2021 of 27 October 2021 ). 375 of 23 May 2023 ).

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Day on Torts

MAY 3, 2022

M2020-01448-COA-R3-CV, 2022 WL 1210462 (Tenn. April 25, 2022), plaintiff was shot multiple times by her estranged husband in August 2018. This opinion is an important read for anyone litigating this issue, especially if the case pertains to decisions made by law enforcement officers. In Haynes v. Perry County, Tennessee , No.

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Day on Torts

APRIL 15, 2022

M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. April 7, 2022, plaintiff filed suit against twelve defendants after she placed her child for adoption at birth but subsequently changed her mind. In Taylor v. Miriam’s Promise , No. The trial court also found alternative grounds for dismissal as to some defendants, including Ms.

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Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. In Gilbert v. State , No. Click on the link to see the book’s Table of Contents.

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ClimateChange-ClimateLaw

DECEMBER 2, 2022

On November 22, 2022, sixteen municipalities of Puerto Rico filed a lawsuit in the federal district court in Puerto Rico seeking to hold coal, oil, and gas companies liable for losses resulting from storms during the 2017 hurricane season and ongoing economic losses since that time. . By Korey Silverman-Roati and Maria Antonia Tigre.

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Day on Torts

MARCH 22, 2022

E2021-00261-COA-R3-CV, 2022 WL 678568 (Tenn. 8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Bradley , No. internal citation omitted).

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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. For example, service may be permitted for a proceeding based on a cause of action arising in Australia (item 1), or where the defendant has submitted to the jurisdiction (item 19). The new FCR r 10.42(j)

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Patently O

MARCH 16, 2024

This recent decision from the Supreme Court case grapples with the issue of when a public official’s social media activity constitutes state action for purposes of a First Amendment claim under 42 U.S.C. I’ve been following the case as part of my work on internet and media law issues. 507 (2022). ” 42 U.S.C.

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Day on Torts

DECEMBER 8, 2022

M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn. 30, 2022), plaintiff filed a complaint against defendants asserting claims for defamation, invasion of privacy, and intentional interference with business relations. In Adamson v. Grove , No. The TPPA itself explains that the statutory scheme provides a substantive remedy.

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At the Lectern

JULY 28, 2022

” The appellate court concluded that, because common law claims cannot be brought against public entities, the county could not be sued for breach of an implied-in-fact or implied-in-law contract. 2022) 12 Cal.5th Padilla (2022) 13 Cal.5th ” Horvitz & Levy filed the successful petition for review.

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Conflict of Laws

MARCH 22, 2022

Wagner: European Conflict of Law 2021: The Challenge of Digital Transformation. It also refers to the laws enacted at the national level in Germany as a result of new European instruments. Furthermore, the authors look at areas of law where the EU has made use of its external competence. P Mansel/K.

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Patently O

MAY 1, 2024

2022-2207 (Fed. 2022), which observed that “[p]atent owners and licensees do not have identical patent rights, and patent owners arguably do not lack standing simply because they granted a license that gave another party the right to sublicense the patent to an alleged infringer.” Zebra Techs. Motorola Mobility LLC , 52 F.4th

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SCOTUSBlog

JANUARY 8, 2024

Hammons Fall 2006, LLC is a fairly straightforward follow-up to 2022’s Siegel v. That, the justices said, violated the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.” (Tori Madden) Tuesday’s second case will also throw some readers back to terms past.

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At the Lectern

SEPTEMBER 16, 2022

City of Seaside , where the Sixth District published opinion held causes of action under the California Environmental Quality Act were time barred. ” The court did find the forced virtual appearance did violate statutory law, but said the violation was harmless. Strong (2022) 13 Cal.5th Covid statute of limitations.

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ClimateChange-ClimateLaw

MARCH 21, 2022

On March 15, 2022, the Full Federal Court of Australia, an intermediate appellate court, unanimously overturned the primary judge’s decision in Sharma and Others v. The case was brought against the Federal Minister for the Environment, Sussan Ley, who administers federal environmental law, and the Vickery Coal Pty Ltd.

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LawSites

JANUARY 4, 2023

As I reported here in November , the law firm Akin Gump Strauss Hauer & Feld has sued Xcential for misappropriation of trade secrets, breach of contract, and other causes of action. [Editor’s note: This is a guest post by Mark Stodder , President of Xcential Legislative Technologies. First, the context.

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ClimateChange-ClimateLaw

MAY 9, 2024

How the court addressed gendered vulnerability In its judgment, the ECtHR provides a detailed overview of the evidence and law on the differentiated impacts of climate change. The applicants produced evidence to show that “overall, women aged above 75 (such as applicants nos. to an extent that goes beyond that of the general public (para.

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Conflict of Laws

JUNE 23, 2024

University of Johannesburg, and affiliated with the Research Centre for Private International Law in Emerging Countries at the University of Johannesburg. It is also a member of the Hague Conference of Private International Law. This is because it had been converted into a liquid and executable money judgment under California law.

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Conflict of Laws

SEPTEMBER 30, 2024

The 2020 update [2] , 2022 update [3] , and 2023 update [4] were also posted on Conflictoflaws.net. Each case has been reviewed and more details, such as the grounds, the case numbers, and causes of action, have been added. 1] To date, we have collected 109 cases involving China and 26 foreign States and regions.

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Day on Torts

MAY 4, 2022

An excerpt: Now, a new federal law effective October 1, 2022, expands the rights of revenge porn victims and certain others by creating a federal cause of action that includes adults harmed by such conduct.

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Conflict of Laws

AUGUST 22, 2023

The 2020 update and 2022 update were also posted on Conflictoflaws.net. Please note that in In re DAR (2022) Jing 01 Po Shen No. The first of its kind was the Spar Shipping case reported in 2022, in which an English monetary judgment was recognized in China for the first time. Another noteworthy case is S D Biotechnologies Co.

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The IP Law Blog

NOVEMBER 10, 2022

decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA. In the case, Jane Does v. Reddit, Inc. Reddit moved to dismiss the claim and the U.S. In response, the U.S.

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