ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. The Hawai‘i Circuit Court’s decision.

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Court Tort Cause of Action Litigating 85

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. He urged the court to “finish what it started” and hold that no federal spending conditions are privately enforceable unless Congress says so in the spending enactment.

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Court Statute Cause of Action Contract 98

SCOTUSBlog

JUNE 8, 2023

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 court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983.

Statute 101

Statute Court Contract Tort 101

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

AUGUST 13, 2021

The Tennessee Supreme Court has agreed to accept review of a comparative fault issue concerning the tort of negligent misrepresentation. Here is a copy of the court of appeals opinion in the case , decided on March 10, 2021. The case is Pryority Partnership v. AMT Properties, LLC , No. 2020-00511-SC-R11-CV.

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Cause of Action Tort Court 45

JonathanTurley

OCTOBER 30, 2022

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

Tort 54

Tort Litigation Litigating Construction 54

JonathanTurley

OCTOBER 31, 2021

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. A tort action for intentional infliction of emotional distress is likely to fail. Again, the court agreed.

Tort 55

Tort Litigation Litigating Construction 55

Day on Torts

DECEMBER 20, 2021

The trial court dismissed the action, finding that the settlement of the personal injury case “very clearly intended to foreclose upon any future wrongful death funds related to the mesothelioma litigation,” and the Court of Appeals affirmed the dismissal. internal citation omitted).

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Personal Injury Tort Cause of Action Litigation 59

Day on Torts

FEBRUARY 2, 2023

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. Continue reading

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Tort Contract Cause of Action Construction 59

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. New Zealand’s Court of Appeal, however, struck out all three claims, meaning that Smith would not receive his day in court.

Litigation 74

Litigation Litigating Laws Tort 74

Day on Torts

DECEMBER 30, 2020

One year and 21 days after the accident, the plaintiff filed this case under Tennessee’s Governmental Tort Liability Act against the county that employed the firefighter, the fire department, and the estate of the firefighter, who was also killed in the accident. The Court of Appeals affirmed this ruling. Booth , 344 S.W.3d

Cause of Action 64

Cause of Action Statute Tort Court 64

Day on Torts

NOVEMBER 7, 2022

Plaintiff sent defendant pre-suit notice of his claim on August 28, 2021, then filed this complaint on November 18, 2021, asserting that defendant’s “negligence caused [patient] to develop pressure ulcers, skin impairment, and infection…” Defendant filed a motion to dismiss, arguing that the suit was filed outside the statute of limitations.

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Statute Tort Cause of Action Diligence 59

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

SCOTUSBlog

JANUARY 16, 2022

Court of Restitution, which, in 1954, declared her the rightful owner of the painting. In 2005, after his petition was denied, Claude sued in federal district court in California, where he had lived since 1980. The district court rejected all of these arguments, and the U.S. Court of Appeals for the 9th Circuit affirmed.

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Tort Court Laws Litigating 127

Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

Court 52

Court Cause of Action Tort Punitive Damages 52

Day on Torts

APRIL 21, 2022

Defendant had filed a motion to dismiss, which the trial court denied, ruling that plaintiff had satisfied the elements of that claim. On appeal, the Court of Appeals ruled that dismissal should have been granted. internal citation omitted). internal citations and quotations omitted). internal citation omitted).

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Tort Court Cause of Action Education 52

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 relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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Cause of Action Court Tort Civil Law 40

Conflict of Laws

MARCH 29, 2023

For litigants embroiled in cross-border litigation, the anti-suit injunction has become a staple in the conflict of laws arsenal of common law courts. This was the scenario facing the New Zealand High Court in the recent case of Kea Investments Ltd v Wikeley Family Trustee Limited [2022] NZHC 2881.

Court 52

Court Tort Cause of Action Litigating 52

Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. The Court of Appeals began by looking at Tenn. Plaintiff attached a certificate of good faith to each complaint pursuant to Tenn. Code Ann. § In Dotson v.

Tort 59

Tort Statute Cause of Action Court 59

JonathanTurley

NOVEMBER 23, 2021

However, in ruling on such a motion, the court must assume all facts in favor of the students.

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Cause of Action Laws Law School Tort 54

Day on Torts

MAY 3, 2022

After the shooting, plaintiff filed this suit against defendant Perry County claiming that “the deputy sheriff’s failure to investigate the death threats and arrest [husband] was the proximate cause of her injuries.” The Court reasoned: We conclude that the acts alleged in the complaint are operational. internal citations omitted).

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Tort Cause of Action Court Statute 59

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.

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Tort Court Compensatory Damages Punitive Damages 48

At the Lectern

AUGUST 22, 2024

the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule. 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.

Contract 40

Contract Cause of Action Tort Technology 40

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

Tort 60

Tort Immigration Cause of Action Court Rules 60

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. §

Statute 59

Statute Cause of Action Diligence Court Rules 59

LettersBlogatory

AUGUST 23, 2021

On the other hand, it is very hard to see why, more than 75 years after the crimes of the Nazis and their French collaborators in France, a foreign national (or more precisely, his or her descendants) should have a legal remedy in a US court, for all sorts of reasons. As with the Germany v.

Cause of Action 52

Cause of Action Statute Tort Court 52

Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. In Adamson v. Grove , No. internal citation omitted).

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Tort Statute Attorney Court 59

Conflict of Laws

DECEMBER 19, 2023

The New Zealand Court of Appeal has just released a judgment on the cross-border application of New Zealand consumer and fair trading legislation ( Body Corporate Number DPS 91535 v 3A Composites GmbH [2023] NZCA 647 ). In response, 3AC protested the New Zealand court’s jurisdiction.

Manufacturing 69

Manufacturing Court Statute Laws 69

Day on Torts

APRIL 29, 2021

Defendants moved to dismiss, arguing that the HCLA required plaintiff to send a pre-suit notice before this second suit was filed, and the trial court agreed, dismissing the case. Simply put, [defendants] were no longer on notice that [plaintiff] might pursue a cause of action for health care liability against them. Code Ann. §

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Tort Cause of Action Statute Court 59

Day on Torts

MARCH 22, 2022

The trial court granted defendant’s motion for summary judgment, finding that plaintiff could not have reasonably relied on defendant’s alleged statement, and the Court of Appeals affirmed. Note: Chapter 81, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Contract 52

Contract Tort Real Estate Cause of Action 52

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. The trial court granted the motion to dismiss, relying in part on the Public Duty Doctrine, and the Court of Appeals affirmed. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59

At the Lectern

APRIL 14, 2021

The Supreme Court today announced a six-case early-May calendar. On May 5, the court will hear the following cases (with the issue presented as summarized by court staff or stated by the court itself ): Bonni v. but, after the court decided Wilson , and disapproved Bonni on one point ( Wilson v. 2019) 7 Cal.5th

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Calendaring Statute Cause of Action Tort 49

Conflict of Laws

JUNE 16, 2024

Abiru to the Nigerian Supreme Court and highlighted its significance for the development of Nigerian conflict of laws. Mayela Celis on 24 November 2021 in one blog post praised the appointment of Justice Loretta Ortiz Ahlf – a private international law expert – to the Mexican Supreme Court.

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Laws Cause of Action Court Tort 59

ClimateChange-ClimateLaw

MAY 23, 2018

Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. One set of California cases – filed by San Mateo County, Marin County and Imperial City – was removed by defendants to federal court, then remanded to state court, based on Judge Vince C. BP P.L.C. ,

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Litigating Litigation Tort Cause of Action 52

SAV Paralegal Services

OCTOBER 30, 2021

There are several misconceptions that exist when it comes to the Small Claims Court. litigation, as this court is not that small how it looks. Court also has a limit on the amount of legal costs that might be awarded. He went to the court, took Plaintiff’s claim form, and fill it up. So, how to claim in this case?

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Paralegal Paralegals Contract Litigation 52

Conflict of Laws

AUGUST 19, 2021

The issuance and service of an originating process are fundamental issues that afford or rob a court of jurisdiction to adjudicate over a matter. This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria.

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Court Contract Statute Laws 76