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Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file

Day on Torts

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59
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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

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.

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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Many passengers contracted COVID-19; some died. Statute has left little of the common law untouched. Background The Ruby Princess’ passengers contracted on different sets of terms and conditions (US, UK and AU).

Laws 59
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The Critical Role of Lawyers and Bar Associations in Achieving Net Zero

ClimateChange-ClimateLaw

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. In late 2023, LSEW committed “to being net zero by 2030” in its operations.

Lawyer 123
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Report from the 2022 Hague Academy Summer Course in PIL

Conflict of Laws

It seems that this report comes in quite timely as the programme for the 2023 Summer Course has just been announced. 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.

Tort 52
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Major Thomson Reuters News: Westlaw Gets Generative AI Research Plus Integration with Casetext CoCounsel; Gen AI Coming Soon to Practical Law

LawSites

In traditional legal research, the user enters a query and gets a response in the form of a long list of cases, statutes and other resources. As of today’s launch, the AI research tool draws only from primary law materials in Westlaw, such as cases, statutes and regulations.

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New York Times Loses Effort to Block Kai Spears Defamation Action

JonathanTurley

Spears sued over the coverage of an incident on the night of January 14, 2023, when Spears and two high school friends, Dylan Serafini and Esai Morse, went to “The Strip” in Tuscaloosa, Alabama after the Alabama-LSU basketball game. We have previously discussed retraction statutes that can limit damages or actions.