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Decedent’s personal injury settlement did not become wrongful death proceeds after his death.

Day on Torts

As we perceive it, any potential cause of action for Decedent’s wrongful death was extinguished when he resolved his personal injury case during his lifetime by way of settlement. Note: Chapter 108, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Missouri man appeals death sentence after attorneys failed to press jury foreman’s bias

SCOTUSBlog

During jury selection, the foreman had said he was a self-published author, but Shockleys lawyers didnt ask him about it. Shockley hired new lawyers to represent him. In speaking with the jurors, the new lawyers learned that the foreman had shared his book with several other jurors and court officials before and during the trial.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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 46
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Tennessee HCLA Case Dismissed under Statute of Limitations.

Day on Torts

Here, the issue was whether the pre-suit notice letter was sent by plaintiff “more than one year after the cause of action accrued and the one-year statute of limitations period began to run.”. Note: Chapter 50, Section 3 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Statute 59
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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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 44
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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

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. He argued the defendants’ activities amount to torts of public nuisance and negligence, and also raised a novel claim asserting that the defendants have a climate duty.

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Wrong defendants in certificate of good faith caption should have resulted in dismissal.

Day on Torts

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