2022, Contract, Statute and Tort

State responsible for allegedly dangerous condition on state-owned highway despite contracting maintenance out to city.

Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” E2021-012553-COA-R9-CV, 2022 WL 1788380 (Tenn.

Contract

Contract Tort Statute Government

Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.

Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

Contract

Contract Tort Court Rules Statute

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

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. Plaintiff had given her husband authority to act on her behalf in signing this contract, a contract to which he had unlimited access. Bradley , No. This opinion was released 1.5

Contract

Contract Tort Real Estate Cause of Action

Dismissal partially reversed based on fraudulent concealment.

Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. Ultimately, dismissal of the breach of contract claims and the claims related to the failure to seal were vacated.

Tort

Tort Statute Diligence Contract

Report from the 2022 Hague Academy Summer Course in PIL

Conflict of Laws

NOVEMBER 14, 2022

The 2022 edition once again proved the immense value that the Summer Courses offer. Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age. It presented three juridical sources in hierarchy: statute, equity and common law.

Tort

Tort Contract Laws Statute

Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

Contract

Contract Laws Court Statute

Summary judgment for defendants in premises liability case affirmed

Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. Code Ann. § This opinion was released 1.5

Tort

Tort Construction Statute Court

Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. internal citation omitted). This opinion was released 3.5

Prima Facie Case

Prima Facie Case Tort Statute Construction

Lease interest was not sufficient to establish ownership rights for conversion claim.

Day on Torts

JUNE 21, 2022

M2021-00563-COA-R3-CV, 2022 WL 2069160 (Tenn. June 9, 2022), plaintiff and defendant husband were in the process of getting divorced. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. internal citation omitted). In Meade v. Paducah Nissan, LLC , No.

Tort

Tort Divorce Statute Contract

Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.

Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. UT had a contract with Erlanger Health System (Erlanger) to provide “residents and supervising professors, as well as ‘coverage’ consisting of physicians to staff the residency clinics at Erlanger.” In Parker ex rel.

Tort

Tort Contract Court Statute

Expert Needed for Legal Malpractice Case to Survive

Day on Torts

MAY 13, 2022

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. Note: Chapter 64, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Legal

Legal Legal Tort Statute

Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.

Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. In Lynch v.

Tort

Tort Construction Court Statute

No cause of action against employers for take-home COVID

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action

Cause of Action Tort Court Construction

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

Conflict of Laws

SEPTEMBER 1, 2022

The revision of this regulation, which will enter into force on 1 July 2022, provides an opportunity to examine the current and future rules by taking the example of the international service of writs of summons. It points out that the Regulation Rome I covers only obligations that would not exist without the contract.

Contract

Contract Tort Procedural Law Court

The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

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. John Kerry, then U.S.

Lawyer

Lawyer Lawyers Law Firm Law Firms

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2022: Abstracts

Conflict of Laws

JANUARY 4, 2022

The regulative advantages of party autonomy, i.e. efficiency, legal certainty and conflict of laws justice, can be productive in choice of law contracts involving artificial intelligence. Clearly, national contract laws will differ substantially in their solutions. This essay aims to advance the debate about these challenges.

Divorce

Divorce Tort Contract Laws

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2023: Abstracts

Conflict of Laws

MARCH 1, 2023

Wagner: Europäisches Kollisionsrecht 2022: Bewegung im internationalen Familienrecht This article provides an overview of developments in Brussels in the field of judicial cooperation in civil and commercial matters from January 2022 until December 2022. 7 of the Convention.

Tort

Tort Court Contract Laws

February 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

The magistrate judge concluded that the suit was barred by the statute of limitations. The court further found that the plaintiffs conceded that venue in Boulder County was not proper for San Miguel under this statute. WildEarth Guardians v. Mountain Coal Co. , 1:20-cv-01342 (D. Coverage of the oral argument is available here.

Court Reporting

Court Reporting Court Construction Government

Paralegal Brief

State responsible for allegedly dangerous condition on state-owned highway despite contracting maintenance out to city.

Vegetation management contractor had no duty to remove tree located beyond scope of contract with electrical service.

Trending Sources

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

Dismissal partially reversed based on fraudulent concealment.

Report from the 2022 Hague Academy Summer Course in PIL

Australia’s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Summary judgment for defendants in premises liability case affirmed

Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Lease interest was not sufficient to establish ownership rights for conversion claim.

Physician employed by state university had absolute immunity under Tennessee Claims Commission Act.

Expert Needed for Legal Malpractice Case to Survive

Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.

No cause of action against employers for take-home COVID

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2022: Abstracts

The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2022: Abstracts

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 2/2023: Abstracts

February 2021 Updates to the Climate Case Charts

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