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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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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 50
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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 48
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December 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Ergon-West Virginia, Inc. They asserted five causes of action: a claim under NEPA and the Administrative Procedure Act; breaches of the 1851 Fort Laramie Treaty, the 1855 Lame Bull Treaty, the 1868 Fort Laramie Treaty; and a failure to adhere to the Department of the Interior’s tribal consultation policies.

Court 57
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No new relists, but you should read anyway

SCOTUSBlog

It acknowledges a “shallow conflict” on whether federal law impliedly preempts such causes of action, but recommends the court not take the case. West Virginia v. The solicitor general’s office has now filed its brief. relisted after the Sept. 15 conferences). Environmental Protection Agency , 20-1530.

Court 92
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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

That much was clear given his response to finding fake spiders scattered around the West Virginia office for Halloween. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn. The trial court granted the motion and dismissed the actions against the manufacturers.

Tort 61
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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

West Virginia v. The Court found that this case and the ecological hotspots case “present quite different typology and structure, specialized instruments and distinct political-legal approaches, in addition to the fact that their object, cause of action and demands do not coincide.”