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Summary judgment for defendants in premises liability case affirmed

Day on Torts

The sidewalk was located in a neighborhood constructed by defendant Goodall Homes. Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Code Ann. ยง This opinion was released 1.5 months after the case was assigned on briefs.

Tort 59
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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendantโ€™s construction of plaintiffsโ€™ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

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Australiaโ€™s statutist orthodoxy: High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

Conflict of Laws

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ). The ship is registered in Bermuda.

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Choice of law rules and statutory interpretation in the Ruby Princess Case in Australia

Conflict of Laws

The contracts contain an exclusive foreign jurisdiction clause nominating a non-Australian jurisdiction. Many passengers contracted COVID-19; some died. Statute has left little of the common law untouched. Background The Ruby Princessโ€™ passengers contracted on different sets of terms and conditions (US, UK and AU).

Laws 59
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Scaffolding rental company owed no duty to roofer where homeowner opted to install scaffolding himself.

Day on Torts

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. Note: Chapter 89, Section 1 and Chapter 30, Section 4 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59
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Report from the 2022 Hague Academy Summer Course in PIL

Conflict of Laws

Arnaud Nuyts , from the Universitรฉ Libre de Bruxelles, held a Special Course on โ€˜The Forum for Cyber-Tortsโ€™, which is an excellent topic in todayโ€™s day and age. He highlighted the diversity of civil cyber-torts, as well as the challenges of locating the torts that are committed on-line. Through his lecture, prof.

Tort 52
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No cause of action against employers for take-home COVID

At the Lectern

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.