Mondaq

DECEMBER 7, 2021

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Cause of Action 52

Cause of Action Tort 52

Day on Torts

AUGUST 2, 2021

Under the public duty doctrine, public employees and governmental entities are shielded “from suits for injuries that are caused by the employee’s breach of a duty owed to the public at large rather than to the individual plaintiff,” unless one of three special duty exceptions applies. internal citation).

Tort 59

Tort Cause of Action Statute Court 59

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system.

Court 141

Court Tort Litigation Litigating 141

Day on Torts

DECEMBER 20, 2021

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.

Personal Injury 59

Personal Injury Tort Cause of Action Litigation 59

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. Well, give it enough time and someone will prove you wrong.

Tort 50

Tort Litigation Litigating Construction 50

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 48

Tort Litigation Litigating Construction 48

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.

Tort 59

Tort Contract Cause of Action Construction 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. The case is Pryority Partnership v.

Cause of Action 45

Cause of Action Tort Court 45

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.

Court 84

Court Tort Cause of Action Litigation 84

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

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.

Litigation 73

Litigation Litigating Laws Tort 73

Day on Torts

NOVEMBER 7, 2022

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

Statute Tort Cause of Action Diligence 59

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. Defendants moved to dismiss based on the statute of limitations.

Cause of Action 64

Cause of Action Statute Tort Court 64

Day on Torts

APRIL 21, 2022

To prove a case of reckless infliction of emotional distress (RIED), a plaintiff must show three elements: “(1) the conduct complained of must have been reckless; (2) the conduct must have been so outrageous that it is not tolerated by civilized society; and (3) the conduct complained of must have caused serious mental injury to the plaintiff.”

Tort 52

Tort Court Cause of Action Education 52

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 97

Court Statute Cause of Action Contract 97

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. Justice Ketanji Brown Jackson wrote for a seven-justice majority.

Statute 101

Statute Court Contract Tort 101

JonathanTurley

NOVEMBER 23, 2021

They allege a mix of contractual and tort claims: Cause of Action 1 (Breach of Contract), Cause of Action 2 (Promissory Estoppel), Cause of Action 3 (Intentional Interference With Prospective Business Relationships), Cause of Action 4 (Defamation), Cause of Action 5 (Unreasonable Publicity), Cause of Action 6 (False Light), and Cause of Action 7 (Intentional (..)

Cause of Action 48

Cause of Action Laws Law School Tort 48

At the Lectern

AUGUST 22, 2024

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

Contract 40

Contract Cause of Action Tort Technology 40

Day on Torts

MAY 3, 2022

A special duty of care can arise in three ways, one of which is when “the plaintiff alleges a cause of action involving intent, malice, or reckless misconduct,” and plaintiff argued that the sheriff’s deputy here engaged in reckless misconduct such that the public duty doctrine did not apply. This opinion was released 8.5

Tort 59

Tort Cause of Action Court Statute 59

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

SCOTUSBlog

JANUARY 16, 2022

Second, Congress enacted the FSIA in light of the background principle of federalism that state law, including state choice-of-law doctrines, should apply to state causes of action, and nothing in the statute indicates any intent to deviate from that principle. In Richards v.

Tort 127

Tort Court Laws Litigation 127

LettersBlogatory

AUGUST 23, 2021

In Nestlé , the court held that a “triple-foreign” claim (a foreign plaintiff asserting that a foreign defendant injured him in a foreign country) cannot proceed under the Alien Tort Statute, even if the claim is that a US company aided and abetted the wrong. The law seems clear, to me at least.

Cause of Action 52

Cause of Action Statute Tort Court 52

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Restatement (Second) of Torts § 577A(3) (Am.

Tort 59

Tort Immigration Cause of Action Court Rules 59

Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. 323, 349 (1974); see also Restatement of Torts §559 (1938). the tort of defamation.

Court 52

Court Cause of Action Tort Punitive Damages 52

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. He also sued the officers individually under the implied cause of action recognized by Bivens. In Brownback v. King ,592 U. 2676 and precluded him from raising separate claims under Bivens v. .

Court Rules 52

Court Rules Tort Court Cause of Action 52

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

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

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. 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.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

Day on Torts

APRIL 29, 2021

She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.” The voluntary nonsuit also abrogated the Notice [plaintiff] sent to [defendants].

Tort 59

Tort Cause of Action Statute Court 59

JonathanTurley

SEPTEMBER 22, 2021

.” There are 13 claims: FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT. SECOND CAUSE OF ACTION FOR SLANDER. THIRD CAUSE OF ACTION FOR LIBEL. FOURTH CAUSE OF ACTION FOR FALSE LIGHT. FIFTH CAUSE OF ACTION FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.

Cause of Action 35

Cause of Action Construction Contract Tort 35

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. 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.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

AUGUST 9, 2021

In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” Conversion of a negotiable instrument is subject to a three-year statute of limitations pursuant to Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

At the Lectern

APRIL 14, 2021

Qualcomm Inc. : Can a company that hires an independent contractor be liable in tort for injuries sustained by the contractor’s employee based solely on the company’s negligent failure to undertake safety measures or is more affirmative action required to implicate Hooker v. Cable News Network, Inc. 2019) 7 Cal.5th

Calendaring 49

Calendaring Statute Cause of Action Tort 49

Conflict of Laws

MARCH 29, 2023

In fact, Kea had originally advanced a cause of action for abuse of process, claiming that the alleged fraud was an abuse of process of the Kentucky Court. It was not for the English court “to police or to second guess the use of courts of or law in foreign jurisdictions” (at [97]).

Court 52

Court Tort Cause of Action Litigation 52

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. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. America Online, Inc., 3d 327, 330-31 (4th Cir.

Tort 42

Tort Court Compensatory Damages Punitive Damages 42

ClimateChange-ClimateLaw

MAY 23, 2018

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

Litigation 52

Litigation Litigating Tort Cause of Action 52

Conflict of Laws

JUNE 16, 2024

For example, in the English case of Boys v Chaplin , the House of Lords was unable to provide a coherent ratio decidendi due to differing opinions regarding the law applicable to torts when applying English law to heads of damages.

Laws 59

Laws Cause of Action Court Tort 59