Cause of Action Construction Statute 
At the Lectern
JULY 6, 2023
Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.
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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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.
NewmanFerraraLLP
MARCH 24, 2023
TOWN LAW DIDN’T PERMIT A LATE FILING After a construction company wasn’t paid for highway repair work it performed for the T own of Pendleton , a lawsuit was filed alleging “breach of contract, unjust enrichment and quantum meruit.” ” And unlike other comparable laws, this statute did not permit a late filing.
Constitutional Law Reporter
JUNE 1, 2023
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. The Court next turned to the key issue — when the clock on the two-year statute of limitations began to run. The District Court dismissed Reed’s complaint.
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.
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.
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