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.”

Divorce 59

Divorce Cause of Action Statute Diligence 59

LexForti

NOVEMBER 5, 2021

It was observed in the case that purpose of Courts is to determine the parties’ rights, not to condemn them for mistakes in conduct and diligence made while framing the pleading. [5]. However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11]

Diligence 52

Diligence Cause of Action Court Litigating 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.

Court 46

Court Litigating Litigation Statute 46