Day on Torts

JULY 31, 2023

Where an HCLA plaintiff has previously given pre-suit notice, utilized the 120-day extension of the statute of limitations provided by Tenn. 29-26-121, filed suit, voluntarily dismissed the action, then chosen to refile pursuant to the savings statute, that plaintiff is not entitled to rely on the 120-day extension when refiling.

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Day on Torts

DECEMBER 22, 2023

Where defendant received a citation for violating a Tennessee municipal ordinance in a car accident, the one-year statute of limitations applied. 23, 2023), plaintiff was injured when he was in a car accident while riding as a passenger in defendant’s vehicle. The limitations period was not extended to two years under Tenn. Carey , No.

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JURIST

JULY 18, 2024

Furthermore, in the substantive part, the association made a warning for courts using the Rome Statute as a source of international law in order to establish war crimes under the Ukrainian criminal code. Therefore, the publication instructed judges to use the statute merely as an additional documentation for qualification under domestic law.

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JURIST

MARCH 16, 2024

Independent French reparations agency, Instance Nationale Indépendate de Reconnaissance et de Réparation (INIRR), reported that it has provided financial reparations to over 500 victims of sexual abuse perpetrated by clergy or leaders in the Catholic Church in 2023.

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Day on Torts

APRIL 14, 2023

The statute of repose for defective improvements to real property did not apply where defendants were the property owners of the pipe culvert at issue in the case. 23, 2023), plaintiff property owner sued defendants, who owned the adjacent property, “for damages allegedly caused by the installation of a pipe culvert.” In Clayton v.

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The IP Law Blog

MARCH 23, 2023

The Ninth Circuit recently addressed the issue of whether parties can contractually agree to shorten the statute of limitations period for bringing a copyright infringement claim. Normally, the statute of limitations for a copyright violation is three years. In an unpublished opinion in the case, Evox Productions, LLC v.

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SCOTUSBlog

DECEMBER 1, 2022

Those who spoke extensively, however, seem ready to reject the government’s argument that the statute of limitations at issue here is a strict jurisdictional rule, as opposed to a “mere” claims-processing rule, which could be waived in an appropriate case. Rather, i]t was, does the six-year statute apply or does the 12-year statute apply?

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Law 360

JULY 19, 2023

State and federal courts have handed down rulings in Illinois cases so far this year that have altered the legal landscape for biometric privacy claims in the state, opened up an area of uncertainty for False Claims Act litigants and upheld a state statute tacking 6% prejudgment interest onto personal injury and wrongful death verdicts.

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Day on Torts

MAY 23, 2023

Ordinarily and subject to several important exceptions, the statute of limitations in Tennessee personal injury cases is one year. One exception to that rule is Tenn. One year and one day after the accident, plaintiff filed this personal injury action, and defendant filed a motion to dismiss based on the one-year statute of limitations.

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Broadcast Law Blog

JANUARY 29, 2023

The new deadline is February 28, 2023. While the FCC also found Fox responsible for transmitting the segment to its affiliates nationwide in violation of the rule, the FCC did not fine Fox as a programming network because the one-year statute of limitations period applicable to non-broadcasters had expired.

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Day on Torts

JULY 10, 2023

Where a pro se plaintiff knew about defendants’ alleged legal malpractice more than one year before he filed suit, summary judgment based on the statute of limitations was affirmed. In Garrett v. Weiss , No. E2022-01373-COA-R3-CV (Tenn.

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Day on Torts

MAY 12, 2023

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.

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Day on Torts

FEBRUARY 19, 2024

29, 2023), plaintiff was assaulted with a baseball bat on February 20, 2020, and he sought medical treatment from defendants on March 1. Dismissal of the claims related to the care plaintiff received less than one year prior to the filing of his complaint was reversed. In Vandergriff v. Erlanger Health Systems , No.

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Conflict of Laws

MARCH 2, 2024

The second issue of 2023 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features: Giuseppe Trisorio Liuzzi (Professor at the Università degli Studi di Bari “Aldo Moro”), La composizione negoziata. 222 of December 21, 2023, and No. Another book review is by Angela M.

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JURIST

JANUARY 27, 2024

The strikes took place between August and November 2023 and resulted in significant civilian casualties in crowded markets and a funeral, according to a recent report by the international human rights organization. HRW called for an immediate, independent, and transparent investigation by the Burkinabe government into the drone strikes.

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Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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JURIST

JANUARY 22, 2024

The Philippines became a party to the Rome Statute , the founding treaty of the ICC, in November 2011. However, it withdrew from it in 2018 in accordance with Article 127 of the statute. Following the commencement of the preliminary examination, the Philippines subsequently withdrew from the statute.

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The Crime Report

JANUARY 10, 2023

Washington’s Supreme Court declared Washington’s felony drug possession statute unconstitutional in 2021 because it made possession a felony, whether someone was aware of the drugs being on them or not. Lawmakers responded to the ruling by temporarily making drug possession a simple misdemeanor.

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JURIST

MAY 9, 2024

This series of attacks commenced in April 2023, with the start of the conflict between the Sudanese Armed Forces, the RSF and other militias. He mentioned , “There are grounds to believe that presently Rome Statute crimes are being committed in Darfur by both the Sudanese Armed Forces and the Rapid Support Forces and affiliated groups.”

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JURIST

JUNE 18, 2024

Under the current international law, such as the Rome Statute of the International Criminal Court , persecution on the basis of gender is impermissible and considered a crime against humanity. No one should ever be permitted to violate, segregate, silence or exclude people because of their gender,” Callamard said.

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Patently O

FEBRUARY 20, 2023

As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility. 2023) , highlights the current state of the law. Constitution authorizes Congress to legislatively create a patent system. The recent decision in Hawk Tech Sys. Castle Retail , — F.4th

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Technology Court Decisions Court Statute 89

JURIST

MARCH 5, 2024

According to a Court announcement, Sergei Kobylash, a Lieutenant General in the Russian Armed Forces, and Viktor Sokolov, a Navy Admiral, are accused of having ordered attacks on civilian objects and of having caused excessive incidental civilian harm, in violation of Article 8 of the Rome Statute. 2022 and Mar.

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JURIST

DECEMBER 2, 2023

.” It also provides that “both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve” On October 31, Guyana asked the court to indicate provisional measures under Article 41 of the ICJ statute.

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Constitutional Law Reporter

OCTOBER 25, 2023

Supreme Court returned to the bench on October 2, 2023. In granting certiorari, the justices have agreed to decide the following question: “Whether the court of appeals erred in holding that the statute providing funding to the Consumer Financial Protection Bureau, 12 U.S.C. Please check back for updates.

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JURIST

JUNE 8, 2024

million people have been displaced inside and outside of the country since mid-April 2023 and that famine is “quickly closing in on millions of people in Darfur, Kordofan, Al Jazirah and Khartoum.” According to WFP, 18 million people are currently facing acute food insecurity in Sudan.

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Day on Torts

DECEMBER 28, 2023

M2022-00597-COA-R3-CV, 2023 WL 4451631 (Tenn. July 11, 2023). Plaintiff first filed suit on December 12, 2014, relying on the 120-extension of the statute of limitations provided by Tenn. The Tennessee Supreme Court has accepted Rule 11 review of Richards v. Vanderbilt University Medical Center , No. ” Continue reading

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Conflict of Laws

DECEMBER 21, 2023

It only considers some cross-border effects of the statute in the context of the proportionality test. . – In its decision on the Act to Combat Child Marriages, the Federal Constitutional Court of Germany does not explicitly address the applicability of fundamental rights in private international law.

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JURIST

JUNE 11, 2023

” Additionally, Smiley argues that the law violates the Due Process Clause of the Fourteenth Amendment because key terms of the statute are “impossibly vague and lack any ascertainable standards for determining whether or not the law has been violated.”

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JURIST

JULY 30, 2023

A Court of Appeal in Kenya lifted the suspension on the controversial Finance Act 2023 on Friday. They questioned whether a presumed constitutional statute should be suspended before its constitutionality is challenged and they challenged the High Court’s decision, citing a violation of the separation of powers doctrine.

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JURIST

MARCH 5, 2024

While the court typically does not permit such proceedings, Article 61 of the Rome Statute allows for confirmation of charges hearings to proceed in the absence of the suspect if all reasonable efforts to secure their appearance have been taken.

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JURIST

SEPTEMBER 8, 2023

It is the HRW’s opinion that the Taliban’s policies against women have committed crimes against humanity under the Rome Statute. To constitute a crime against humanity under the Rome Statute , the acts must be a widespread or a part of a systematic attack directed against a civilian population.

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JURIST

APRIL 14, 2024

Hunter Biden’s original motion to dismiss the charges alleged that the appointment of Special Counsel David Weiss, appointed by Attorney General Merrick Garland in 2023, was unlawful under Department of Justice (DOJ) regulations , which state that “The Special Counsel shall be selected from outside the United States Government.”

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JURIST

JULY 19, 2024

.” The court therefore found that FOG did not “demonstrate that its shows are arguably adult-oriented performances that lack serious value for a reasonable 17-year-old” and that the plaintiff “cannot rely on the argument that the statute might be misconstrued by law enforcement.”

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Patently O

SEPTEMBER 29, 2023

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. Nealy, 22-1078 (Supreme Court 2023). ” Warner Chappell Music, Inc. 663 (2014).

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Day on Torts

AUGUST 18, 2023

Where “application of the operation-of-law exception would bar a vicarious liability claim that is timely filed within the [HCLA’s] extended statute of limitations solely because the statute of limitations had expired for any claims against the principal’s agents, the exception must give way to the [HCLA].” In Ultsch v.

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SCOTUSBlog

JUNE 28, 2024

Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. The agency stopped the monitoring in 2023 because of a lack of funding.

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Patently O

JUNE 9, 2023

2023) Under former director Iancu, the USPTO created a set of guidelines allowing the PTAB to deny IPR institution even in situations where the challenger raises strong challenges. 2) The statute also indicates that the decision of whether to issue is non-appealable, suggesting a discretionary approach. Apple Inc. Vidal (Supreme Court.

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