Day on Torts

MARCH 22, 2022

Plaintiff’s husband signed the indemnity agreement without reading it or having an attorney review it. Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.”

Contract 52

Contract Tort Real Estate Cause of Action 52

Day on Torts

AUGUST 9, 2021

In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” Conversion of a negotiable instrument is subject to a three-year statute of limitations pursuant to Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

Conflict of Laws

DECEMBER 16, 2020

Written by Richard Mike Mlambe, Attorney and Lecturer at University of Malawi- The Polytechnic. This basis requires that a significant connection exist between the cause of action and the foreign court. This is the third online symposium on Private International Law in Nigeria initially announced on this blog.

Laws 52

Laws Court Cause of Action Litigation 52

SCOTUSBlog

JULY 1, 2021

Marstiller , 20-1263 , presents the question whether the federal Medicaid Act allows state Medicaid programs to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses. We finish with good old private litigation.

Compensatory Damages 101

Compensatory Damages Government Court Cause of Action 101

JonathanTurley

OCTOBER 30, 2023

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. In another June 2023 decision in Munoz v.

Tort 59

Tort Litigation Litigating Construction 59

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. She also threatened another woman with a carving knife.

Tort 38

Tort Statute Criminal Law Court 38

JonathanTurley

MAY 7, 2022

He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. We have previously discussed this tort theory. Former President Donald Trump achieved mixed results in courts this week. In Neiman-Marcus v.

Court 39

Court Tort Cause of Action Constitutional Law 39

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. The complaint asked the court for compensatory damages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit. The plaintiffs plan to appeal.

Cause of Action 96

Cause of Action Court Government Litigation 96

JonathanTurley

JANUARY 4, 2022

Giuffre’s attorney David Boies has suggested that the agreement would not include Prince Andrew because he was not subject to any litigation or allegations in Florida where it was finalized. Nevertheless, the absence to a reference to royalty does not matter if this is viewed as a Royal We provision.

Punitive Damages 39

Punitive Damages Cause of Action Litigation Litigating 39

JonathanTurley

NOVEMBER 29, 2020

The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions.

Cause of Action 43

Cause of Action Tort Attorney Depositions 43

ClimateChange-ClimateLaw

JULY 2, 2021

The District of Utah held that the lease suspensions merely maintained the status quo and therefore were not major federal actions subject to NEPA; the conservation groups therefore lacked standing. Massachusetts Court Declined to Dismiss Massachusetts Investor and Consumer Protection Action Against Exxon. Living Rivers v.

Court 49

Court Litigation Litigating Statute 49

JonathanTurley

DECEMBER 23, 2020

Sullivan have long limited tort law where it would undermine the first amendment. ” Finally, there is the potential conflict with the First Amendment similar to the Westboro case on the emotional distress tort action. However, this is about the media and a public officials. The Court in cases like New York Times v.

Tort 55

Tort Cause of Action Court Constitutional Law 55