Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

Divorce 59

Divorce Cause of Action Statute Diligence 59

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.

Court 49

Court Laws Cause of Action Construction 49

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. This post is by Maggie Gardner, a professor of law at Cornell Law School.

Court 40

Court Statute Cause of Action Contract 40

At the Lectern

JULY 28, 2022

The opinion acknowledged, “under our interpretation of the relevant statutes a provider has greater remedies against a private health care service plan than it does against a public entity health care service plan.” Ledesma & Meyer Construction Co. ” Horvitz & Levy filed the successful petition for review.

Government 49

Government Court Contract Cause of Action 49

JonathanTurley

SEPTEMBER 9, 2021

The statute defines “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.” 47 U.S.C. § 47 U.S.C. § Dirty World Entertainment. America Online, Inc., 3d 327, 330-31 (4th Cir.

Tort 45

Tort Court Compensatory Damages Punitive Damages 45

LexForti

NOVEMBER 5, 2021

This study aims to explore these changes and assess the scope and judicial interpretation of amendment of pleadings in Civil procedure with a doctrinal legal research method by using primary sources like cases, statutes, legal commentary and reports. Keywords- Amendment of Pleadings, Civil Procedure Code 1908. Introduction.

Diligence 52

Diligence Cause of Action Court Litigation 52

LexForti

APRIL 30, 2021

Also, the argument that the NCLAT is an appellate tribunal which is common to three statutes, under one of which, viz., Merely because appeals under different statutes are sent to one appellate tribunal would make no difference to the position in law. The finding in V Hotels Ltd., Tulip Star Hotels Ltd. & Anr. [13] Padmakumar v.

Cause of Action 52

Cause of Action Court Statute Education 52

JonathanTurley

OCTOBER 31, 2021

See Pennsylvania General Assembly Statute §7102. 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. 95-717 (La.App.

Tort 53

Tort Litigation Litigating Construction 53

JonathanTurley

OCTOBER 30, 2022

See Pennsylvania General Assembly Statute §7102. 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. 95-717 (La.App.

Tort 51

Tort Litigation Litigating Construction 51

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). The companies filed their brief on November 16, arguing that the Fourth Circuit erred by concluding that it was limited to reviewing removal based on the federal-officer removal statute.

Court 57

Court Government Litigation Litigating 57

JonathanTurley

OCTOBER 30, 2023

See Pennsylvania General Assembly Statute §7102. 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.

Tort 63

Tort Litigation Litigating Construction 63

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The First Circuit—like the Fourth, Ninth, and Tenth Circuits in other climate change cases—concluded that the scope of its appellate review was limited to whether the defendants properly removed the case under the federal-officer removal statute. Sierra Club v.

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. 1442, or the civil-rights removal statute, 28 U.S.C.

Court 52

Court Government Technology Assisted Review Litigation 52

ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” An analysis of the case by Sabin Center Senior Fellow Jennifer Danis is available on the Climate Law Blog.

Court 48

Court Litigation Litigating Statute 48

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes.

Litigation 40

Litigation Litigating Court Laws 40