Remove Cause of Action Remove Contract Remove Statute Remove Tort
article thumbnail

No cause of action against employers for take-home COVID

At the Lectern

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.

article thumbnail

No reasonable reliance on alleged misrepresentation where plaintiff could have read the contract which contradicted defendant’s statement.

Day on Torts

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Section 1983 provides a cause of action against any person acting under color of state law who deprives a person of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

Statute 100
article thumbnail

Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 93
article thumbnail

Leave to Issue and Serve Originating Process Outside Jurisdiction Versus Substituted Service: A Distinction with a Difference

Conflict of Laws

As an illustrative example, a High Court of a State in Nigeria or that of the Federal Capital Territory, Abuja has jurisdiction over the subject matter of a simple contract. The court has no power to order service out of the area of its jurisdiction except where so authorised by statute or other rule having force of statute.”

Court 76
article thumbnail

November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. miles of electrical transmission lines and related facilities in Maine.