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

Day on Torts

Before his death, decedent filed suit for personal injury and loss of consortium in West Virginia. The Court explained: Here, Decedent brought suit in West Virginia for personal injury and loss of consortium. Decedent was, obviously, still living at the time of his reaching a settlement in the West Virginia litigation. …

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Supreme Court Upholds Corporate Personal Jurisdiction Laws

Constitutional Law Reporter

Facts of the Case Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. After he left the company, Mallory moved to Pennsylvania for a period before returning to Virginia. Along the way he was diagnosed with cancer. Supreme Court’s Decision The Supreme Court reversed.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

1983 — which allows private suits for state and local deprivations of rights secured by federal law—to enforce federal statutes enacted under Congress’ spending clause power. Laws” means federal statutes, including spending clause enactments that “unambiguously” create individual rights. Background.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. Disclosure : Goldstein & Russell, P.C.,

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U.S. Supreme Court Renders Personal Jurisdiction Decision

Conflict of Laws

Supreme Court yesterday upheld the constitutionality of Pennsylvania’s corporate registration statute, even though it requires out-of-state corporations registering to do business within the state to consent to all-purpose (general) personal jurisdiction. This post is by Maggie Gardner, a professor of law at Cornell Law School.

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RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

SCOTUSBlog

Medical Marijuana notes that the Supreme Court indicated – a bit offhandedly, in an opinion addressing another issue – that RICO’s private cause of action “exclud[ed], for example, personal injuries.” If granted, it should make for an interesting argument. We’ll know more soon. Until next time! New Relists Medical Marijuana, Inc.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. If they are found 51 percent at fault, they are barred entirely from recovery.

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