Remove Cause of Action Remove Contract Remove Tort
article thumbnail

Anti-Suit Injunctions and Dispute Resolution Clauses

Conflict of Laws

Subsequently, Asiana also pursued actions against GGS and the directors of the Gate Gourmet Group. It alleged that the directors were actively involved in the chairmans unlawful conduct and therefore liable in tort under Korean law, and GGS was vicariously liable for their actions.

Tort 45
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.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Economic loss rule does not categorically bar all fraudulent concealment claims between contracting parties

At the Lectern

The economic loss rule generally prohibits plaintiffs from recovering tort damages in cases involving breaches of contract that cause only economic losses. Uber Technologies, Inc. the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule.

article thumbnail

Intentional interference with business relationships under the GTLA.

Day on Torts

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. At issue here was Tenn. Code Ann. § Continue reading

Tort 59
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.

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. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

Statute 101
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 98