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No cause of action against employers for take-home COVID

At the Lectern

In other words, there’s no legal exposure for employee family member virus exposure. ” “[E]xclusivity provisions bar a third party claim only when proof of an employee’s injury is required as an element of the cause of action,” the court says.

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Court endorses private Section 1983 enforcement of spending clause enactments

SCOTUSBlog

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Justice Ketanji Brown Jackson wrote for a seven-justice majority. HHC argued that spending clause enactments are unique.

Statute 99
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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Even as successful cases against governments have blossomed, private suits face significant barriers. Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. I then preview the significant barriers that Smith still faces.

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UK Supreme Court in Jalla v Shell: the claim in Bonga spill is time barred

Conflict of Laws

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. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

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Public Duty Doctrine Applied To Eliminate Claim

Day on Torts

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn. According to plaintiff, there was a bad storm the night of the accident and a tree had fallen across the state highway plaintiff was traveling on.

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Finding of conversion and fraudulent concealment affirmed where brother signed sister’s name on check

Day on Torts

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.” Code Ann. §

Divorce 59
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Update: Upcoming Hearings on Motions to Dismiss Climate Change Nuisance Cases in California and New York

ClimateChange-ClimateLaw

The decisions on these motions could influence pending and future litigation in the same vein – lawsuits seeking damages, compensation or abatement funds to alleviate the costs borne by local governments to adapt to climate change impacts. At the moment, it’s pretty messy out there.