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).

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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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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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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.

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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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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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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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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").

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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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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.

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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.

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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.

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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).

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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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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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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

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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.

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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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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.

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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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JonathanTurley

OCTOBER 30, 2021

The case is reminiscent of a prior case that we discussed involving Dr. Scott Green who appeared remotely in a Sacramento Superior Court for a trial of a traffic violation during an operation. Sometimes this includes accepting constructive criticism from others. That would make for a difficult tort case.

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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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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.

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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.

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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?

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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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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.

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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.

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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.

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Day on Torts

AUGUST 9, 2021

The trial court found, based on the testimony of the parties, that the purpose of the annuity was to ensure that the mother would eventually qualify for Medicaid benefits. After denying defendant’s motion for summary judgment, the trial court held a bench trial. internal citation and quotation omitted). internal citations omitted).

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JonathanTurley

OCTOBER 9, 2024

I noted in a prior column that I believed that the court would view this as a matter that had to go to a jury. Superior Court Judge Sean Lugg this week rejected Deadspin’s motion to dismiss. California law applied in the case and the court focused on two opinions that held that claims of racism can be statements of fact.

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JonathanTurley

JULY 14, 2021

It could also be defamatory, though a court would likely find this protected as opinion. Her complaint alleges hostile workplace claims (Count 1, 2,) and constructive termination (Count 3). ” A court could be looking for an exit ramp and such nuance could give it an easy way of out of such a claim. .”

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JonathanTurley

JULY 11, 2024

The Supreme Court has given the press added “breathing room” with the higher standard of proof found in cases such as New York Times v. ” 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.

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LawSites

DECEMBER 4, 2023

While we are happy to lead an industry disruption, we welcome new competition, which we believe will help accelerate adoption of new AI-powered eDiscovery technologies by courts, law firms, and other stakeholders. We securely give fiduciaries access to assets when required with no password-sharing, no court orders, and correct titling.

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ClimateChange-ClimateLaw

NOVEMBER 1, 2016

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). West Virginia Federal Court Ordered EPA to Evaluate Clean Air Act’s Impacts on Coal Industry.

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SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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LexForti

JUNE 2, 2022

The Apex Court itself identified these outrageous costs as one of the major reasons responsible for the hindrance to the growth of arbitration [12]. Court of Wards [15] where it was clarified that as long as the funding for the process was for a portion of the proceeds, it was not illegal. In 1939, a stance was taken in Ram Surap v.

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