Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. . § Continue reading

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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. Plaintiff general contractor brought this action in chancery court, asserting that it had a private right of action pursuant to a Tennessee statute.

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. New Zealand’s Court of Appeal, however, struck out all three claims, meaning that Smith would not receive his day in court.

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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).

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At the Lectern

JULY 28, 2022

At the Supreme Court’s conference yesterday, after which Chief Justice Tani Cantil-Sakauye announced her retirement, actions of note included: Government immunity. The court granted review in County of Santa Clara v. The court granted-and-held in In re Z.T. The court granted review in Cynosure, LLC v.

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Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

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SCOTUSBlog

JANUARY 8, 2024

Singh , in which the court will consider what kind of notice the government must provide before a noncitizen can be deported for not appearing in court. Sheetz came to the Supreme Court, asking the justices to apply the court’s Nolland/Dolan test and find the county’s fee a violation of the takings clause. Under 8 U.S.C.

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Patently O

MAY 30, 2024

The Portland Mint then sued the government in the Court of Federal Claims, arguing it was entitled to payment for the genuine portion of the coins under the terms of the regulation and an implied contract. Citing its predecessor court’s seminal case of Radium Mines, Inc. United States , 153 F. Siemens-Lungren Co. ,

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Conflict of Laws

JUNE 28, 2023

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. courts over disputes that arise in other countries. The result in Mallory v.

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Conflict of Laws

APRIL 13, 2023

This post is prompted by a recent decision of the Delhi High Court (“DHC”) in Extramarks Education India v Shri Ram School (“ Extramarks case”), which although on domestic arbitration, makes various obiter observations on the nature of limitation and flexibility of parties to contract out of the same. This issue could not be simpler in India.

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LexForti

JUNE 7, 2023

The contract involves continuous duties that the court cannot supervise. 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. The contract involves numerous minute details.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal district court for the District of Columbia ruled that the U.S. Second, the court concluded that BLM should have calculated and considered total greenhouse emissions, instead of merely relying on comparisons of yearly emission rates.

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LexForti

APRIL 30, 2021

The judgment delivered by the Hon’ble Supreme Court in Gaurav Hargovindbhai Dave vs. Asset Reconstruction Company (India) Ltd. UOI [4], the Apex Court emphasized and reiterated its annotation in B.K. 2] , further made it clear that The Act of Limitation will be applicable to the applications filed under sections 7 and 9 of the Code.

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ClimateChange-ClimateLaw

MAY 9, 2024

Switzerland granted on Apr 9, 2024 by the European Court of Human Rights (ECtHR or the Court). However, as this post argues, despite the fact that KlimaSeniorinnen is a case about the impacts of climate change on elderly women, the Court fails to meaningfully engage with gender as a determinant of the harms suffered by individuals.

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LexForti

NOVEMBER 5, 2021

Concerns were brought to the Courts that such modifications or amendment of pleadings harmed the opposite party as well as slowed down the process of civil proceedings, resulting in piling up of cases. The principle followed in Civil Procedural Law is that the Court procedures and rules are designed to achieve substantial justice.

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Constitutional Law Reporter

JUNE 1, 2023

Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations for a 42 U.S.C.

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JonathanTurley

OCTOBER 31, 2021

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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JonathanTurley

OCTOBER 30, 2022

A tort action for intentional infliction of emotional distress is likely to fail. There must be not just outrageous conduct but conduct intended to cause severe emotional distress. Courts regularly exclude injuries associated with the exercise of free speech or artistic expression. Again, the court agreed.

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SCOTUSBlog

OCTOBER 16, 2024

Share The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana, caused him to fail a routine drug test. Horn bought Medical Marijuana’s hemp-based Dixie X after reading that it contained CBD but no THC.

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Conflict of Laws

OCTOBER 31, 2024

Vollrath: Protection of EU Member States’ Treaties with Third Countries in European Private International Law In a decision from 2020, the Supreme Court of the United Kingdom authorised the enforcement of an ICSID-award in the United Kingdom. The court concludes that it is only a preliminary issue. Thus, delimitation problems arise.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Circuit Court of Appeals found that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze the climate change and environmental justice impacts of two liquefied natural gas (LNG) export terminals on the Brownsville Shipping Channel in Texas and two pipelines that would carry LNG to one of the terminals. 20-1045 (D.C.

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JonathanTurley

OCTOBER 30, 2023

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. A tort action for intentional infliction of emotional distress is likely to fail.

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SCOTUSBlog

DECEMBER 24, 2020

This week we highlight cert petitions that ask the Supreme Court to delve further into contentious issues of immigration policy. Another case involves certain construction projects that are part of the U.S.-Mexico Court of Appeals for the 9th Circuit that the department lacked authority to impose the notice and access conditions.

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ClimateChange-ClimateLaw

NOVEMBER 16, 2020

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.

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ClimateChange-ClimateLaw

JANUARY 13, 2021

The Ninth Circuit Court of Appeals vacated the Bureau of Ocean Energy Management’s (BOEM) approval of an offshore drilling and production facility off the coast of Alaska in the Beaufort Sea, finding that BOEM failed to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). FEATURED CASE. 20-472 (U.S.

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ClimateChange-ClimateLaw

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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