Day on Torts

AUGUST 2, 2022

In its analysis, the Court of Appeals ruled that plaintiffs had constructive notice of their claim in October 2009. Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. On appeal, this ruling was reversed. Conversion is subject to a three-year statute of limitations. Code Ann. §

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Construction Tort Statute Attorney 59

JURIST

APRIL 3, 2021

The court held a state tort lawsuit could not be brought against Chevron for environmental protection reasons because federal law, not state, applies. ” The court concluded that because global warming is a uniquely international issue, international and federal considerations bar the suit from being brought under state law.

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Court Tort Construction Laws 118

Paralegal Bootcamp

APRIL 15, 2022

Floating means you aren’t intentional, and you stumble into an area of law, a type of law firm, or a specific position in a firm that may not be the best fit. If you are new, you may not understand the pros and cons of working for a solo practitioner or smaller firm versus a large (or gargantuan) law practice. Meet the Author.

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Paralegal Paralegals Legal Assistant Legal Assistance 246

Conflict of Laws

MARCH 24, 2025

While both decisions canvassed other private international law issues, the primary focus of this comment is the Courts approach to construing the scope of dispute resolution clauses. The Court applied Korean law, the proper law of the agreement, to construe the arbitration agreement.

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Tort Contract Court Construction 45

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

ClimateChange-ClimateLaw

OCTOBER 16, 2024

Recognizing this, federal and state bodies have adopted a number of laws and regulations aimed at ensuring geologic carbon storage proceeds in a safe and responsible way. A number of new state laws focused on geologic carbon storage have been enacted in 2024. Several states are stepping up to the plate. But what about the pore space?

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Legal Legal Compensatory Damages Tort 64

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. All three of Smith’s claims will now proceed to what may the be first full climate tort claim in a common law jurisdiction.

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Litigating Litigation Laws Tort 75

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. The next scary moment is likely to be in the form of a torts complaint.

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Tort Litigating Litigation 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 Litigating Litigation Construction 48

Paralegal Bootcamp

MAY 20, 2022

She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law. Her areas of expertise included multi-district litigation, such as the Dalkon Shield, L-Tryptophan, and Breast Implant cases, as well as in construction law.

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Paralegal Paralegals Attorney Calendaring 246

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. Code Ann. § This opinion was released 1.5 months after the case was assigned on briefs.

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Tort Construction Statute Court 59

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

ClimateChange-ClimateLaw

JUNE 26, 2023

Japan ) Two weeks later, a civil complaint involving the same facts received a first-instance judgment rejecting the request for an injunction to block the construction and operation of coal-fired power plants. 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

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. In Reiss v. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

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Prima Facie Case Tort Statute Construction 59

Day on Torts

SEPTEMBER 14, 2022

A premises liability plaintiff must prove the elements of the tort, but must also “first prove that a dangerous or defective condition existed on the owner’s property” and must show that the defendant either created the dangerous condition or had actual or constructive notice of the condition.

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Tort Construction Court Statute 59

Day on Torts

FEBRUARY 10, 2022

Plaintiff argued that it did not have actual or constructive knowledge of the alleged malpractice until the Court of Appeals issued its opinion in September 2018, but the Court of Appeals rejected this argument. Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Legal Legal Tort Statute 59

Patently O

FEBRUARY 19, 2023

Part of the district court’s justification here was a preliminary consideration of the merits of the lawsuit: narrowed claim construction eliminated literal infringement; and a finding that the patentee was estopped from asserting DOE. Judge Buescher (D.Neb.)

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Tort Litigation Litigating Construction 122

Day on Torts

AUGUST 10, 2022

The Court found that “the Commission could not warn [plaintiff] about a condition of which it did not have actual or constructive notice,” and therefore affirmed summary judgment based on the Recreational Use Statutes. internal citation omitted). This opinion was released 6.5 months after oral arguments in this case.

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Statute Tort Construction Court 59

Day on Torts

JUNE 7, 2022

There was no dispute that this case fell within the parameters of the GTLA, which generally codifies premises liability common law. 29-20-203(a) or § 29-20-204(a), a defendant will only be liable for an injury caused by a dangerous condition if the defendant had “constructive and/or actual notice” of the condition. Under Tenn.

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Depositions Tort Court Construction 59

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

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Laws Contract Statute Construction 59

Conflict of Laws

DECEMBER 6, 2023

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 ).

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Contract Laws Court Statute 72

Day on Torts

MARCH 28, 2022

In its analysis, the Court of Appeals first looked at whether plaintiff had shown that defendant had actual or constructive notice of the trough at issue in this case. The Court also found that there was no genuine issue of fact regarding constructive notice. Click on the link to see the book’s Table of Contents.

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Tort Construction Court Rules Court 45

Conflict of Laws

MAY 18, 2021

The Law and Economics of Extreme Sports Sponsoring in Comparative Perspective. This article investigates the law and economics of extreme sports sponsoring in a comparative perspective. It is based on 40 structured interviews with sponsored athletes from various common law and civil law jurisdictions.

Contract Law 52

Contract Law Contract Construction Sports 52

Day on Torts

MAY 10, 2022

Plaintiff essentially argued that defendant “had constructive notice that [the dog] returned to the property and was inside Ms. Note: Chapter 29, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. We agree with [defendant].

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Tort Construction Depositions Court 52

Day on Torts

MAY 31, 2022

However, VUMC’s actual or constructive knowledge is not our concern. This case reaffirmed what seems to be settled law in HCLA cases—that pre-suit notice sent to the wrong defendant will not satisfy the requirements of the HCLA. In our case, the second and third pre-suit notices were directed to ‘Vanderbilt University.’

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Tort Statute Court Construction 59

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. Charges based upon hearsay are the equivalent in law to direct charges. Doing so, the undisputed evidence establishes that multiple NBC statements are false.

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Construction Immigration Court Tort 40

Paralegal Bootcamp

JULY 24, 2023

This is because some paralegals might prefer a corporate setting as an in-house paralegal, while others might thrive in a law firm setting working in civil litigation or other commercial litigation. There is a very large gap in salaries when you look at BigLaw in big cities compared to small law firms in smaller regional markets.

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Paralegal Paralegals Litigating Litigation 130

Patently O

DECEMBER 18, 2023

Texas law provides a mechanism for service of process of non-Texas-residents who engage in business in Texas, but without a regular place of business or a designated agent. TCL Vietnam: Texas law defines ‘doing business’ within the state to include committing a tort in the state. See 4(h)(1)(A) referring to 4(e)(1).

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Tort Court Construction Manufacturing 64

Conflict of Laws

NOVEMBER 14, 2022

Written by Martina Ticic, University of Rijeka, Faculty of Law; Croatian Science Foundation ( HRZZ ) doctoral student. As such, the Academy was truly a place to be this summer for everyone wanting to learn more on the matters of private international law, as well as to connect with others who share the same or similar interests.

Tort 52

Tort Contract Laws Statute 52

JonathanTurley

JANUARY 29, 2022

The use of the censored references led to a complaint in a letter from the Black Law Students Association and later a petition which called for Kilborn to be stripped of his committee assignments and other reforms.

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Laws Law School Education Construction 41

Day on Torts

OCTOBER 19, 2021

Tennessee law provides that “[i]n cases involving surface water, a property owner creates a nuisance when he wrongfully interferes with the natural flow of water across his land in a manner that causes flooding on adjacent property.” Tort cases based on the flow of surface water often include claims for trespass and/or nuisance.

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Construction Court Rules Tort Court 59

Conflict of Laws

SEPTEMBER 1, 2022

On applicable law for environmental pollution (Article 7 Rome II), a pinnacle of business and human rights as well as climate change litigation. The European Union rules on the law that applies to liability for environmental damage, are an outlier in the private international law agenda. van Calster: Lex ecologia.

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Contract Tort Procedural Law Court 10

At the Lectern

JUNE 13, 2024

Two included separate explanatory statements: Three votes for review, and a dissenting statement, in juvenile coerced plea case Two votes for review, and a dissenting statement, in youth-offender LWOP no-parole case A third case concerned domestic violence torts. Writing that “California law over the last few decades.

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Court Tort Drafting Court Rules 49

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. This has long been a controversial element under the FCA because it was largely the result of judicial not congressional construction. For Civil Rights Under Law, Inc. 47 U.S.C. §

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Tort Court Compensatory Damages Punitive Damages 42

The Crime Report

MARCH 25, 2022

Tactics leading to “lawful-but-awful” police shootings stay in the field manual. 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.

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Lawyer Lawyers Litigation Litigating 111

Paralegal Bootcamp

APRIL 27, 2023

She was a personal injury attorney and they were looking for a receptionist for their small law firm. So we did get kind of a field trip and we got to go to the law library and look up statutes and codes and case law. Jessie has over 25 years of litigation experience in civil and personal injury trial law.

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Paralegal Certificate Paralegal Paralegals Bar Exam 130

At the Lectern

JULY 6, 2023

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. .”

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Cause of Action Tort Construction Court 45