Day on Torts

AUGUST 23, 2024

July 20, 2023), plaintiff lived at an apartment complex which included a dog park which was open to residents only. In Cruise v. M2022-01578-COA-R3-CV (Tenn.

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At the Lectern

JULY 17, 2024

When the court granted review in the case in October 2023, it limited the issue to: “When a plaintiff files an action against the plaintiff’s insurer for injunctive relief under the Unfair Competition Law, which limitations period applies, the one-year limitations period authorized by Insurance Code section 2071 or the four-year statute of limitations (..)

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Constitutional Law Reporter

JULY 6, 2023

United States , 599 U.S. _ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. Because everyday overbilling cases would account for the majority of vi- olations in practice, the Government’s reading places at the core of the statute its most improbable applications. In Durbin v.

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. 21, 2023), plaintiff was pulled over by a sheriff’s deputy employed by defendant county. In Anderson v. Lauderdale County, Tennessee , No. W2022-00332-COA-R3-CV (Tenn. Dismissal was affirmed on appeal.

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Conflict of Laws

OCTOBER 31, 2023

Conventions & Instruments On 6 October 2023, Rwanda deposited its instrument of accession to the HCCH 1961 Apostille Convention and applied to become a Member of the HCCH. With the accession of Rwanda, the 1961 Apostille Convention now has 126 Contracting Parties. It will enter into force for Rwanda on 5 June 2024.

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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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Conflict of Laws

JUNE 10, 2024

Written by Hadrien Pauchard (assistant researcher at Sciences Po Law School) The fourth issue of the Revue critique de droit International privé of 2023 (available here ) was released online some time ago. It features two articles and several case notes. The full table of contents is available here.

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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

SEPTEMBER 2, 2024

This comes after an announcement made by the Kremlin last Thursday and marks Putin’s first journey to a member nation of the International Criminal Court (ICC) since the court issued a warrant for his arrest in March 2023 over alleged war crimes in Ukraine. We will work with partners to ensure that this has consequences for Ulaanbaatar.”

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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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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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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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JURIST

JUNE 25, 2024

The ICC’s judges believe there are reasonable grounds to hold Shoigu and Gerasimov responsible for a series of missile strikes on Ukraine’s “electric infrastructure from at least 10 October 2022 until at least 9 March 2023.” Reactions to the warrants have been swift.

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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

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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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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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

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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JURIST

SEPTEMBER 3, 2024

Mongolia has been a ratifying party to the Rome Statute of the ICC since 2002 and thereby under a legal obligation to enforce ICC arrest warrants. Russia is not a party to the Rome Statute and has not recognized the jurisdiction of the court.

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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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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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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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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

AUGUST 7, 2024

Throughout 2022 and 2023, the case saw extensive procedural developments, including the submission of preliminary objections by Russia , numerous declarations of intervention by third states, and a series of public hearings.

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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

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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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

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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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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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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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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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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