Day on Torts

FEBRUARY 2, 2023

Based on this language, the trial court ruled that immunity was not removed, but the Court of Appeals disagreed with this analysis. At issue here was Tenn. Code Ann. § 29-20-205, which states that immunity is not removed “if the injury arises out of…interference with contract rights.” Continue reading

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Tort Contract Cause of Action Construction 59

SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. Centro de Periodismo Investigativo took the straight and narrow approach to resolving the case.

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Statute Finance Government Cause of Action 54

Day on Torts

AUGUST 9, 2021

The Court pointed out that even crediting defendant’s assertion that the annuity was meant to be a trust for the mother, to accomplish the purpose of qualifying her for Medicaid she had to be “divested of ownership over the annuity funds,” and plaintiff and defendant as the named owners had equal ownership interest of the annuity.

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Divorce Cause of Action Statute Diligence 59

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Fossil fuel company defendants want the cases heard in federal court, where they can argue that the cases should be quickly dismissed on the grounds that federal common law climate claims are displaced by the Clean Air Act. The court distinguished the Second Circuit’s decision in City of New York v. Chevron Corp.

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Court Tort Cause of Action Litigation 80

SCOTUSBlog

APRIL 15, 2023

In the same year, a divided Supreme Court ruled in National Institute for Family and Life Advocates v. Two other courts of appeals regard a therapist-client conversation as speech, rather than conduct, Tingley writes. Nineteen other states and the District of Columbia have similar laws. Transervice Logistics, Inc.

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Cause of Action Tort Court Laws 75

Day on Torts

AUGUST 2, 2021

At that time, Officer Godsey and a 911 operator “casually discussed the situation…[and] no action was taken then to shut down the highway or undertake any other preventative measures.” One of those three exceptions arises when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct.”

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Tort Cause of Action Statute Court 59

Patently O

JANUARY 4, 2024

Although plagiarism is not a cause of action, copyright infringement is – and that serves as the basis of the lawsuit here. The Constitutional promises of due process and the right to petition require that the law be available to all people – including corporate defendants and attorneys seeking access the courts.

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Day on Torts

JANUARY 11, 2021

Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. The Court next analyzed whether this case fell within the third special duty exception based on the deputy’s alleged reckless conduct. internal citation omitted).

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Cause of Action Tort Court Statute 59

Day on Torts

MARCH 10, 2021

Where plaintiff alleged that defendant doctor committed intentional misrepresentation and medical battery by stating that he was board-certified in plastic surgery when he was not, the Tennessee Court of Appeals affirmed the ruling that these claims were not governed by Tennessee’s HCLA. In Cooper v. Mandy , No.

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Government Healthcare Court Cause of Action 59

Conflict of Laws

APRIL 25, 2024

7] This was rightly rejected by the court, which observed that satisfaction of the gateway depended on the situation which existed at the time application for service out of jurisdiction was filed or heard. A parallel provision to Order 8 rule 1(3) can be found in the Singapore International Commercial Court Rules 2021 (‘SICC Rules’).

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Court Cause of Action Laws Contract 69

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

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Government Immigration Cause of Action Litigation 139

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

Court Rules 52

Court Rules Tort Court Cause of Action 52

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. America Online, Inc.,

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Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. In contrast, § 256 provides a separate cause of action to correct the named inventors on a patent, which is not subject to the same congressionally-enacted statute of limitations.

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Statute Cause of Action Court Rules Litigation 57

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The lower courts and the UK Supreme court agreed with Shell. This was a one-off event and not a continuing nuisance.

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Cause of Action Court Tort Civil Law 40

Conflict of Laws

AUGUST 19, 2021

The special reasons which must be established by a claimant are contained in the relevant rules of courts. [14] 14] Where none of the conditions outlined in the Rules are met, the courts must refuse the application for leave. Olayiwola (2005) LPELR-806 (SC). [14]

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Court Contract Statute Laws 76

ClimateChange-ClimateLaw

DECEMBER 11, 2020

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. European Court of Human Rights). Zepeda , No. 80593-2-I (Wash. 19-1230 (D.C.

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Court Government Litigation Litigating 54

SCOTUSBlog

DECEMBER 24, 2020

If the justices take up the border-wall case, it will be the second case added to the court’s docket this term involving the legality of border-wall construction. Three petitions ask the justices to review disputes between the Department of Justice and state or local governments that do not cooperate with federal immigration authorities.

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SCOTUSBlog

JUNE 16, 2022

Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment.”

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Government Education Court Cause of Action 97

JonathanTurley

FEBRUARY 20, 2021

Both parties agreed that Virginia law would govern on choice of law since Nunes initiated this lawsuit in Virginia. That triggered Virginia’s application of the doctrine of lex loci delicti where “the law of the place of the wrong governs all matters related to the basis of the right of action.” Budget RentA-Car Sys.,

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Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

Under the Endangered Species Act, the court vacated the FWS’s biological opinion because the incidental take statement lacked “the requisite specificity of mitigation measures for the polar bear” and because the take finding for the polar bear was arbitrary and capricious. Rhode Island v. Shell Oil Products Co. , 19-1818 (1st Cir.).

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Litigation Litigating Court Laws 40

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” She blamed the kid as “old enough to … follow the rules.”

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Tort Litigation Litigating Manufacturing 44

SCOTUSBlog

DECEMBER 1, 2023

Instead, O’Connor applied for a job with the San Mateo County government, where she agreed to work for free until the office could find funding for her. O’Connor’s “experience as a state legislator and judge,” Wermiel suggested, gave “her a degree of trust in state government and state courts that goes well beyond that of her colleagues.”

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