Day on Torts

MAY 11, 2022

The Court explained: Claimant’s complaint filed in the Claims Commission is a separate and independent action from the complaint against the other parties filed in circuit court. Note: Chapter 46, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

MARCH 22, 2022

Justifiable reliance is an essential component of a cause of action for negligent misrepresentation, and until the justifiable reliance element is established, there is no negligent misrepresentation.” 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

DECEMBER 8, 2022

It amounted to more than mere denials of the plaintiff’s cause of action and sought affirmative relief under the TPPA including attorney fees and sanctions. Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Attorney Court 59

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The court noted a number of decisions limiting CDA immunity including a decision by Judge Easterbrook of the United States Court of Appeals for the Seventh Circuit, who wrote in Chicago Lawyers’ Comm.

Tort 42

Tort Court Compensatory Damages Punitive Damages 42

SAV Paralegal Services

OCTOBER 30, 2021

considerations together left no space for hiring lawyers and most people prefer to start litigation on their own. . They may help you to structure your pleading correctly, outlining the cause of action or relying on defence in a clear and precise language that is understandable for the Judge.

Paralegal 52

Paralegal Paralegals Contract Litigation 52

Conflict of Laws

AUGUST 19, 2021

This is because – in the language commonly employed in private international law -there would be no real and substantial connection between the cause of action and the jurisdiction of Nigeria and therefore no special reason to justify the exercise of the court’s long arm jurisdiction. Olayiwola (2005) LPELR-806 (SC). [14]

Court 76

Court Contract Statute Laws 76

SCOTUSBlog

JULY 1, 2021

Petitioner Anibal Canales argues he received ineffective assistance of counsel at the penalty phase of his trial when his lawyer failed to introduce significant mitigating evidence, and that the U.S. Court of Appeals for the 5th Circuit failed to appropriately reweigh the aggravating factors against the mitigating ones. CVS Pharmacy Inc.

Compensatory Damages 102

Compensatory Damages Government Court Cause of Action 102

At the Lectern

FEBRUARY 11, 2021

Constitution’s “dormant Commerce Clause” Code of Civil Procedure section 351 , which tolls the statute of limitations for an action against a person who, “after the cause of action accrues, departs from the State.” The court granted review in People v. 328), which restricts probation terms.

Court 49

Court Laws Statute Cause of Action 49

Conflict of Laws

DECEMBER 17, 2020

The concepts addressed are Characterisation; Substance and Procedure; and of course, Renvoi which the authors wittingly recall has been described in the past as a subject loved by academics, hated by students and ignored by lawyers and judges. Nigerian lawyers with cross border practices will find these two chapters particularly helpful.

Laws 52

Laws Stare Decisis Legal Legal 52

JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween of course remains a holiday seemingly designed for personal injury lawyers around the world and this year’s additions show why. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more.

Tort 59

Tort Litigation Litigating Construction 59

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. She also threatened another woman with a carving knife.

Tort 38

Tort Statute Criminal Law Court 38

SCOTUSBlog

OCTOBER 16, 2024

Of relevance here, RICO, a federal law initially passed to target organized crime, creates a private cause of action, which allows a person “injured in his business or property” by racketeering activity to recover triple damages. Horn bought Medical Marijuana’s hemp-based Dixie X after reading that it contained CBD but no THC.

Personal Injury 119

Personal Injury Court Personal Injury Lawyer Tort 119

SCOTUSBlog

JUNE 16, 2022

Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. In its cert petition, Monsanto seeks to revisit that determination; it also presents an evidentiary question. But on remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus.

Government 110

Government Education Court Cause of Action 110

JonathanTurley

JANUARY 4, 2022

” The prince’s lawyer Andrew B. One thing that the agreement does not include is a reference to “royalty.” ” Bizarrely, counsel for Prince Andrew claimed publicly that the agreement exempted “royalty.”

Punitive Damages 39

Punitive Damages Cause of Action Litigation Litigating 39

JonathanTurley

NOVEMBER 29, 2020

The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. It is very well written, but it will be challenging given the discretionary authority of justice officials in some of these actions.

Cause of Action 43

Cause of Action Tort Attorney Depositions 43