Day on Torts

MAY 11, 2022

The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case. 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.” In Dotson v. State , No. E2019-00325-COA-R9-CV (Tenn. internal citations omitted).

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Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. These rulings were reversed and vacated on appeal.

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Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. While plaintiff asserted that he relied on advice from an out-of-state attorney and was acting pro se when the notices were sent, the Court ruled that this did not constitute extraordinary cause. This opinion was released 3.5

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Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Seven of the civil cases are tort cases.

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JonathanTurley

JUNE 2, 2022

The one statement in Heard’s countersuit that was found to be defamation was not made by Depp but his attorney Adam Waldman. Attorneys are protected by absolute privilege in court in making harmful and even false statements. However, it was Heard’s verdict that struck me most as particularly noteworthy.

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Day on Torts

AUGUST 9, 2021

The Court pointed out that even crediting defendant’s assertion that the annuity was meant to be a trust for the mother, to accomplish the purpose of qualifying her for Medicaid she had to be “divested of ownership over the annuity funds,” and plaintiff and defendant as the named owners had equal ownership interest of the annuity.

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Patently O

FEBRUARY 22, 2023

ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] Patent assertion finance today is a multibillion-dollar business. [2] 18] U.S.

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Conflict of Laws

AUGUST 3, 2023

It thereby intends to increase the protection of those affected within the value chain, who will now have the prospect of compensation; it also intends to create a deterrent effect by having plaintiffs take over the enforcement of the law as “ private attorney generals ”. 22 (5) CSDDD. Norfolk Southern Railway Co.,

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SCOTUSBlog

MARCH 20, 2025

The court also denied the motion by Alabama and 18 other states to bring a case against California and four other states directly in the Supreme Court to block a series of lawsuits against fossil fuel producers, saying that those suits impermissibly sought to dictate interstate energy policy through the aggressive use of state-law tort suits.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

AUGUST 2, 2022

Decedent’s brother Don had a springing power of attorney (POA) for decedent. One of the two plaintiff daughters also testified at trial that she got a phone call from decedent on October 5, 2009, in which decedent stated that he had taken her and Don “off” his power of attorney. Click on the link to see the book’s Table of Contents.

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JonathanTurley

OCTOBER 19, 2021

The law requires that individuals “shall as soon as reasonably possible notify the prosecuting attorney, law enforcement, medical assistance, or other public officials.” We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. French, 104 Pa.

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Conflict of Laws

MARCH 19, 2021

Eichel: Choice of Court Agreements and Rules of Interpretation in the Context of Tort or Anti-trust Claims. In its rulings CDC (C-352/13) and Apple Sales (C-595/17) the ECJ gave a boost to the discussion on the range of choice of court agreements vis-à-vis antitrust claims. 1 Brussels Ia Regulation/Art.

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JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

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JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. The court ruled for Google: “I conclude that it does not require the imposition of a duty. She was seriously injured after being struck by an automobile that was negligently driven by Harwood.

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JonathanTurley

NOVEMBER 20, 2021

However, he was then found guilty in a torts lawsuit brought by the Goldman family and ordered to pay $33.5 The risk of such torts actions is that they proceed under a lower standard of proof. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

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Above The Law

APRIL 18, 2025

The case was originally filed in New York state court in 2019, and when Trump was ordered to submit to DNA testing, Attorney General Bill Barr threw himself on the proverbial grenade. Or tried to anyway. The removed case landed on the docket of Judge Lewis Kaplan, who might fairly be called a cantankerous old bull.

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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.

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JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church. However, the standard is quite high.

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ClimateChange-ClimateLaw

NOVEMBER 7, 2017

In addition, the court found that the company had failed to show that the alleged RICO violations proximately caused injury to its business or property. The court also dismissed defamation and related state tort claims. On October 4 , the federal district court for the Northern District of California vacated the U.S.

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JonathanTurley

DECEMBER 9, 2020

Christopher Krebs, has filed a lawsuit against Trump attorney Joe diGenova over this controversial joke that Krebs should be “drawn and quartered” and then “shot” for his failures as the former head of U.S. The lawsuit strikes me as meritless under governing tort doctrines. cybersecurity.

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ClimateChange-ClimateLaw

OCTOBER 7, 2019

The court also temporarily enjoined two felony riot statutes because they went “far beyond” the State’s “appropriate interest” in criminalizing participation in a riot with acts of force or violence. The court said the writer had already availed himself of the remedy offered by D.C.’s National Review, Inc. , 2012 CA 008263 B (D.C.

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ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Nonprofit Group and Its Board Member Sought to Unseal Records in Attorney General’s Suit Against Exxon. An attorney whose communications with the attorney general’s office the proposed intervenors seek to unseal moved to appear as amicus curiae to oppose intervention. The attorney general opposed intervention.

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SCOTUSBlog

DECEMBER 3, 2021

In early November, the district court ruled that UNC’s use of race in admissions was consistent with Supreme Court precedents. Issue : Whether the discretionary function exception to the Federal Tort Claims Act immunizes the United States from tort liability for acts taken by its employees in violation of the Constitution.

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JonathanTurley

DECEMBER 27, 2020

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures.

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JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. Rule 11 states in part: (b) Representations to the Court. This is a classic example where opinion is protected under tort and constitutional law. Major loser, zero credibility!”

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JonathanTurley

MARCH 8, 2021

District of Columbia Attorney General Karl Racine insisted weeks ago that Trump’s alleged crime would be investigated. First, his lawsuit will force a court to determine if the defendants’ speeches were protected political speech.

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JonathanTurley

MARCH 31, 2021

attorney Patrick Malone, who previously filed ethics complaints against lawyers representing the Trump campaign or the Republican party. The second “Count Five” is actually just a demand for punitive damages, rather than an actual separate tort. The 40-page lawsuit was written by D.C. In Brandenburg v.

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ClimateChange-ClimateLaw

JUNE 8, 2021

The court denied, however, Connecticut’s motion for costs and fees, noting that several issues raised by Exxon were novel in the Second Circuit and that many relevant portions of district court rulings in other circuits had not been subject to appellate review until the Supreme Court’s recent decision in the Baltimore case.

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JonathanTurley

FEBRUARY 3, 2022

attorney and Trump advisor Rudy Giuliani; former Deputy White House Communications Director Julia Hahn; and former White House Director of Social Media and Deputy Chief of Staff for Communications Daniel Scavino, Jr. It also seeks nominal, compensatory, consequential, and punitive damages; and attorneys’ fees and costs.

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JonathanTurley

MAY 12, 2022

Attorney General Merrick Garland also has failed in his leadership of the Justice Department. The claim that such protests are acts of intimidation has been before the courts since the 19th century. Oliver Wendell Holmes, then a state court justice who later famously joined the U.S. In Vegelahn v. Guntner, 167 Mass.

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