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.

Cause of Action 52

Cause of Action Court Tort Immigration 52

At the Lectern

JULY 6, 2023

” “[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. 2022) 601 F.Supp.3d They lose because the court finds public policy reasons override factors that otherwise would establish a duty of care for employers.

Cause of Action 45

Cause of Action Tort Construction Court 45

JonathanTurley

OCTOBER 30, 2022

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.

Tort 48

Tort Litigating Litigation Construction 48

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.

Statute 59

Statute Tort Cause of Action Diligence 59

Day on Torts

APRIL 21, 2022

E2020-00688-COA-R10-CV, 2022 WL 1042733 (Tenn. April 7, 2022), plaintiff was the school secretary at an elementary school, and defendant was the employer of school bus drivers for that school. E2020-00755-COA-R10-CV (April 7, 2022) and Schrick v. E2020-00796-COA-R10-CV (April 7, 2022)). In Bibbs v.

Tort 52

Tort Court Cause of Action Education 52

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. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In Haynes v. Perry County, Tennessee , No.

Tort 59

Tort Cause of Action Court Statute 59

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. This opinion was released three months after oral arguments in this case.

Tort 59

Tort Statute Cause of Action Court 59