Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Conversion is subject to a three-year statute of limitations.

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Construction Tort Statute Attorney 59

Conflict of Laws

MARCH 24, 2025

By Adeline Chong, Singapore Management University Introduction In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The same points on nullity and public policy were raised.

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Tort Contract Court Construction 45

ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. and requested an injunction to block the construction and subsequent operation of two coal-fired power plants.

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Court Construction Litigation Litigating 115

Day on Torts

OCTOBER 11, 2022

Where plaintiff tripped on an uneven sidewalk and brought a GTLA premises liability suit against defendant city, plaintiff could not show constructive notice because she could not show how long the condition had existed. Plaintiff attempted to prove constructive notice through two theories. In Mitchell v. Code Ann. § 29-20-203(b).

Construction 52

Construction Tort Statute Court 52

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. Again, the court agreed.

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 16, 2022

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. In addition, plaintiff had admitted that she would have seen and avoided the cap if she had been looking forward while walking.

Tort 59

Tort Construction Statute Court 59

Paralegal Bootcamp

APRIL 15, 2022

Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law. Do you enjoy the hustle and bustle of the city and being close to the action?

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Paralegals Paralegal Legal Assistant Legal Assistance 246

Patently O

FEBRUARY 19, 2023

The district court quickly issued a TRO followed-up with a preliminary injunction against the patentee. On appeal, the Federal Circuit has vacated and remanded — holding that the district court went too far in restricting the patentee’s protected speech. Judge Buescher (D.Neb.)

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Tort Litigation Litigating Construction 122

Day on Torts

FEBRUARY 22, 2022

Where the State had an easement on plaintiff’s property for the construction and maintenance of a drainage facility, but plaintiff had no evidence that the faulty concrete structure causing flooding on his property was installed by the State, summary judgment on his nuisance claim was affirmed. In Walker v. State , No.

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Tort Construction Depositions Statute 59

Day on Torts

FEBRUARY 2, 2023

Further, while constructing a sewer line, the City inadvertently placed part of the line on plaintiffs’ property. This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. At issue here was Tenn. Code Ann. § Continue reading

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Tort Contract Cause of Action Construction 59

Mondaq

JUNE 15, 2022

On May 25, 2022, the Alberta Court of Appeal released its decision for Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 ABCA 193 ("JV Somerset").

Tort 40

Tort Construction Court 40

Day on Torts

NOVEMBER 15, 2022

Rock Creek Construction, Inc. , 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. The Court of Appeals quoted Tenn. In Reiss v.

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Prima Facie Case Tort Statute Construction 59

Day on Torts

FEBRUARY 10, 2022

The trial court denied that motion and entered an award for the former employee on July 7, 2017. After this award was entered, County Attorney Robert Husker “began reviewing the court file and investigating the decisions made by [defendant attorney] during the trial.” In Coffee County v. Spining , No. On appeal, dismissal was affirmed.

Legal 59

Legal Legal Tort Statute 59

Mondaq

JULY 1, 2022

The Alberta Court of Appeal (the "Court") recently heard a summary judgement application involving a condominium board that had made a claim in tort that a developer owed a duty of.

Tort 40

Tort Construction Court 40

Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

AUGUST 10, 2022

The trial court first granted summary judgment to Alcoa, Maryville and Blount County, finding that Alcoa did not control the park, and Maryville and Blount County neither owned nor controlled the park, both of which are required to remove immunity under the GTLA. internal citation omitted).

Statute 59

Statute Tort Construction Court 59

ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. New Zealand’s Court of Appeal, however, struck out all three claims, meaning that Smith would not receive his day in court.

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Litigation Litigating Laws Tort 75

Day on Torts

JUNE 7, 2022

Defendant filed a motion for summary judgment, which the trial court granted based on its ruling that plaintiff had not presented proof from which the court could find that defendant had notice of the allegedly dangerous condition. On appeal, this ruling was reversed. Under Tenn. Code Ann. § internal citation omitted).

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Depositions Tort Court Construction 59

At the Lectern

JUNE 13, 2024

Yesterday’s Supreme Court conference dealt with an unusually large number of cases, even for the double conference that it was. The court granted review in Hohenshelt v. Superior Court , an employment retaliation case that was headed to arbitration until the defendant employer delayed paying fees to the arbitration provider.

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Court Tort Drafting Court Rules 49

Day on Torts

MARCH 28, 2022

The trial court agreed that defendant had affirmatively negated the elements of duty and notice and therefore granted summary judgment, which the Court of Appeals affirmed. The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03

Tort 45

Tort Construction Court Rules Court 45

JonathanTurley

FEBRUARY 22, 2025

The Court must look to each of the statements in the context of the entire broadcast or social media post to assess the construction placed upon it by the average viewer. The Court emphasized that it does not matter that NBC did not make these accusations directly, but only republished the whistleblower letters allegations.

Construction 40

Construction Immigration Court Tort 40

Day on Torts

MAY 10, 2022

Defendant filed a motion for summary judgment, asserting that plaintiff failed to show that defendant breached any duty owed to plaintiff, and the trial court agreed, granting summary judgment to defendant. When considering this case, the Court looked at two different time frames. On appeal, summary judgment was affirmed.

Tort 52

Tort Construction Depositions Court 52

Day on Torts

MAY 31, 2022

The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. The Court noted that the proper way to challenge compliance with § 29-26-121 is through a Rule 12.02 The Court explained that “[i]f VUMC would have filed a Rule 12.02 Code Ann. § internal citations omitted).

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Tort Statute Court Construction 59

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

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Tort Court Compensatory Damages Entertainment 42

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. These ‘US Terms and Conditions’ included a class action waiver clause, a choice of law clause selecting US maritime law, and an exclusive jurisdiction clause selecting US courts.

Contract 72

Contract Laws Court Statute 72

Day on Torts

NOVEMBER 30, 2020

6, 2020), plaintiffs were the decedent’s children, who had died while working as a plumber on a construction project. Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. Southland Constructors , No. M2019-02060-COA-R3-CV (Tenn.

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Prima Facie Case Construction Contract Tort 52

Patently O

DECEMBER 18, 2023

by Dennis Crouch An increasing number of foreign defendants are being sued for IP infringement in US courts. These cases raise important procedural questions of district courts’ personal jurisdiction over the foreign defendants. Here, the sale of infringing product in the state is patent infringement — a tort.

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Tort Court Construction Manufacturing 64

At the Lectern

DECEMBER 21, 2023

Here are some of the actions of note at yesterday’s Supreme Court conference : Third review grant. ” This is the third time the Supreme Court has granted review in the case after a Fifth District affirmance. In 2020, the court granted and held pending the decision in People v. The court also agreed to hear Ranger v.

Immigration 45

Immigration Court Entertainment Tort 45

Conflict of Laws

MAY 18, 2021

The duties of care of a sponsor under contract and/or tort law are also determined by the degree of control exercised by a sponsor and the economic dependence of the athlete on the sponsor. A natural obligation (obligatio naturalis) is a legal construction whose roots stretch back to Roman law. to 52.9 % since 2004.

Contract Law 52

Contract Law Contract Construction Sports 52

Day on Torts

OCTOBER 19, 2021

The Court of Appeals first considered plaintiff’s claim that defendant created a “temporary nuisance by diverting water onto his property.” The Court also noted that defendant introduced evidence showing that the dog runs did not increase the water flow and that any excess water in that area was actually vacuumed out each day.

Construction 59

Construction Court Rules Tort Court 59

The Crime Report

MARCH 25, 2022

An elaborate architecture of devices, habits and cultural norms, designed and constructed to protect practitioners from embarrassment, uncertainty and sanction, corrodes recognition of why and how what the practitioners do (and don’t do) matters. Trial courts are obsessed with clearing their dockets. Might something be wrong?

Lawyers 111

Lawyers Lawyer Litigation Litigating 111

Paralegal Bootcamp

JULY 24, 2023

Legal research skills Legal research skills are essential for finding and analyzing laws, regulations, and court decisions pertinent to the case you’re working on. You will not be working a 9-to-5 job Litigation often involves tight deadlines and urgent tasks that are dictated by court orders.

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Paralegals Paralegal Litigation Litigating 130

At the Lectern

JULY 6, 2023

Victory Woodworks , the Supreme Court today holds that employers currently can’t be sued for failing to prevent the spread of COVID-19 to employees’ household members. Allowing liability “would impose an intolerable burden on employers and society in contravention of public policy,” the court says. In Kuciemba v.

Cause of Action 45

Cause of Action Tort Construction Court 45

Conflict of Laws

OCTOBER 23, 2023

They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. The Australian court must first resolve the conflict of laws problems posed – problems as sustained as they have been complex in the history of private international law. Carnival appealed.

Laws 59

Laws Contract Statute Construction 59

Conflict of Laws

SEPTEMBER 1, 2022

Courts are struggling with the right approach to the relevant rules. Prior to the Rome Regulations, the conflict-of-law judgments on those “contracts with protective effect in favour of third parties” differed between German and Austrian courts. Those obligations remain contractual even if they entitle a third party.

Contract 10

Contract Tort Procedural Law Court 10

Conflict of Laws

NOVEMBER 14, 2022

Jean-Marc Thouvenin , Secretary-General of the Academy, this year’s inaugural lecture was given by Dominique Hascher, judge at the Supreme Judicial Court of France. Arnaud Nuyts , from the Université Libre de Bruxelles, held a Special Course on ‘The Forum for Cyber-Torts’, which is an excellent topic in today’s day and age.

Tort 52

Tort Contract Laws Statute 52