At the Lectern

JUNE 24, 2021

Ari Design & Construction, Inc. , It also held, however, that the defendant-contractor’s surety was responsible for paying the award even though it exceeded the amount of the surety’s construction bond. See here and here.). The court denied review in Karton v. but Justice Carol Corrigan recorded a vote to grant.

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Day on Torts

MAY 5, 2021

The Tennessee Supreme Court recently explained the analysis for whether a statute creates a private right of action. In Affordable Construction Services, Inc. Auto-Owners Insurance Company , No. M2020-01417-SC-R23-CV (Tenn. 3) whether implying such a remedy is consistent with the underlying purposes of the legislation.

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Statute Construction Cause of Action Misdemeanor 59

At the Lectern

JULY 30, 2021

Joseph Health System , the Supreme Court today holds that the anti-SLAPP statute , which allows for an early screening of claims that could chill constitutionally protected free speech or petition rights, can be used to review some, but not all, causes of action relating to mandatory hospital medical staff peer review proceedings.

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Statute Court Cause of Action Construction 49

Conflict of Laws

MARCH 24, 2025

18] This more narrow construction of the party scope of dispute resolution clauses raises the risk of B manipulating the situation and evading the dispute resolution clause by pursuing claims against C. Clear language is required before an exclusive jurisdiction clause covers claims brought by or against third parties. [17]

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Tort Contract Court Construction 45

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.”

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Divorce Cause of Action Statute Diligence 59

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Under New Zealand law, such arguments should be struck out only if they “disclose[] no reasonably arguable cause of action”. The decision ultimately concerns whether Smith’s main claim in public nuisance amounts to a “reasonably arguable cause of action”. 109, quoting R v Rimmington [2005] UKHL 63, [2006] 1 AC 459.

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Litigation Litigating Laws Tort 75

Constitutional Law Reporter

JUNE 1, 2023

Justice Kavanaugh first noted that, as a general matter, the statute of limitations begins to run when the plaintiff has a “complete and present cause of action.” To determine when a plaintiff has a complete and present cause of action, the Court focuses first on the specific constitutional right alleged to have been infringed.

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Statute Litigation Litigating Cause of Action 52

Patently O

MAY 30, 2024

The Claims Court dismissed the case, finding it lacked jurisdiction over the implied contract claim and that all of The Portland Mint’s claims failed to state a valid cause of action. On appeal, the Federal Circuit reversed on the key implied contract claim. Siemens-Lungren Co. ,

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Contract Government Manufacturing Cause of Action 59

LexForti

JUNE 7, 2023

These include contracts to execute a mortgage, to take up and pay for any company debentures, or contracts for the construction of any building or execution of work on land, subject to certain conditions. Every instance of non-performance constitutes a new breach and triggers a fresh cause of action. So why does this matter?

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Contract Cause of Action Contract Law Legal 52

Conflict of Laws

APRIL 13, 2023

That being stated, the SC has also proposed a more nuanced approach to classifying law of limitation noting that while limitation is prima facie a procedural law construct, its substantive law characteristics cannot be wholly discounted.

Laws 98

Laws Procedural Law Contract Government 98

ClimateChange-ClimateLaw

MAY 9, 2024

Federal Department of the Environment Transport, Energy and Communications (DETEC) and Others , the Swiss Federal Administrative Court held that the appellants’ rights had not been sufficiently violated to give them a cause of action. As Hefti notes, the Court overlooked “the socially constructed impact of heatwaves.”

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Litigation Litigating Court Legal 116

SCOTUSBlog

JANUARY 8, 2024

The County of El Dorado required he pay a “traffic impact mitigation” fee of more than $23,000, which the county said was included to cover costs that new construction would create for the community, primarily to improve local roads. After paying the fee and building his house, Sheetz sued for a refund.

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Government Statute Court Cause of Action 84

At the Lectern

JULY 28, 2022

A plastic surgery group filed a cross-complaint against the petitioner alleging causes of action arising from the purchase of a product the petitioner manufactured. Ledesma & Meyer Construction Co. Division Three will now address in a written opinion the merits of the writ petition. 2018) 5 Cal.5th 5th 216 (see here ).

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Government Court Contract Cause of Action 49

LexForti

NOVEMBER 5, 2021

However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint.

Diligence 52

Diligence Cause of Action Court Litigation 52

Conflict of Laws

JUNE 28, 2023

But Mallory argued that by registering to do business in Pennsylvania, it had agreed to appear in Pennsylvania courts on any cause of action. Tyrrell (2017), another FELA suit involving out-of-state parties and a cause of action that arose out of state as well. Norfolk Southern contested personal jurisdiction.

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Court Statute Cause of Action Contract 40

JonathanTurley

SEPTEMBER 9, 2021

This has long been a controversial element under the FCA because it was largely the result of judicial not congressional construction. 47 U.S.C. § We discussed this issue in relation to the Sixth Circuit’s arguments in Jones v. Dirty World Entertainment. A gossip blog, The Dirty, appealed the decision of U.S. America Online, Inc.,

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Tort Court Compensatory Damages Punitive Damages 46

LexForti

APRIL 30, 2021

However, a suit for recovery based upon a cause of action that is within the limitation can in no way affect the separate and independent remedy of a winding-up proceeding by somehow keeping the debt breathing. Moreover, an unconditional acknowledgement is enough to ‘furnish a cause of action’ for it implies a promise to pay.

Cause of Action 52

Cause of Action Court Statute Education 52

JonathanTurley

OCTOBER 31, 2021

The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. A large rock was found with blood on it nearby. Donnie Cochenour Jr.,

Tort 54

Tort Litigation Litigating Construction 54

JonathanTurley

OCTOBER 30, 2022

The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. A large rock was found with blood on it nearby. Donnie Cochenour Jr.,

Tort 52

Tort Litigation Litigating Construction 52

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Army Corps of Engineer permits for construction of a portion of a proposed methanol refinery and export terminal in Washington (the Kalama Project). Federal Court Vacated Permits for Methanol Refinery and Export Terminal, Citing Failure to Consider Indirect Cumulative Greenhouse Gas Impacts.

Court 59

Court Government Litigation Litigating 59

Conflict of Laws

JUNE 23, 2024

Its status in private international law on the African continent is evinced as the country on the African continent where two vital instruments of private international law were adopted: the Convention on International Interests in Mobile Equipment (Cape Town Convention) and the Mining, Agricultural and Construction Protocol (MAC Protocol).

Court 52

Court Cause of Action Laws Legal 52

SCOTUSBlog

OCTOBER 16, 2024

Of relevance here, RICO, a federal law initially passed to target organized crime, creates a private cause of action, which allows a person “injured in his business or property” by racketeering activity to recover triple damages. Horn bought Medical Marijuana’s hemp-based Dixie X after reading that it contained CBD but no THC.

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Personal Injury Court Personal Injury Lawyer Tort 96

JonathanTurley

OCTOBER 30, 2023

The “decoration” was found by a man walking his dog and reported by construction workers. The haunted house was constructed of 2×4s and black visqueen. Near and along the entrance of the haunted house was a bathroom building constructed of cinder blocks. A large rock was found with blood on it nearby. Donnie Cochenour Jr.,

Tort 61

Tort Litigation Litigating Construction 61

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The complaint alleged deficiencies in the environmental impact statement’s consideration of greenhouse gases (GHG) , including inadequate analysis and disclosure of construction-related emissions and operational emissions.

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Litigation Litigating Court Laws 40

SCOTUSBlog

DECEMBER 24, 2020

Another case involves certain construction projects that are part of the U.S.-Mexico If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction. Mexico border wall. Sierra Club , on a slightly different border-wall issue. Sierra Club.

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Immigration Construction Government Cause of Action 102

Conflict of Laws

OCTOBER 31, 2024

Flindt: Lugano Convention VS national procedural law: How to classify a cause of action between a spouse and a third party The international jurisdiction of courts is being increasingly harmonised within the European Union and also among the EFTA states. However, the relevant provisions are scattered across various legal acts.

Contract 59

Contract Tort Legal Legal 59

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The Tenth Circuit ordered the injunction to remain in place pending consideration of the environmental groups’ appeal of a district court order that declined to vacate mining lease modifications that authorized road construction in the Sunset Roadless Area. Sierra Club v. The plaintiffs plan to appeal.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

JANUARY 13, 2021

The federal district court for the District of Maine declined to issue a preliminary injunction barring construction of the New England Clean Energy Connect (NECEC), an electricity transmission project to connect the New England energy grid with non-fossil fuel sources of electric power.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JULY 2, 2021

The court said the petitioner’s “alleged aesthetic injuries reflect nothing more than generalized grievances,” that her allegations regarding traffic hazards did not meet her causation burden, and that alleged construction-related injuries were not redressable because construction was complete. Environmental Defense Fund v.

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