Construction Statute Tort 
JURIST
OCTOBER 16, 2023
The challenged statute, N.C. The text of the statute covered actions such as unauthorized removal of data or documents, capturing of images, “intentionally” placing unattended recording devices on employer premises or substantially interfering with the employer’s ownership of the property.
Day on Torts
AUGUST 10, 2022
Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.
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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. Conversion is subject to a three-year statute of limitations. Code Ann. §
Day on Torts
FEBRUARY 17, 2022
Where premises liability plaintiffs could not show that defendant church, who was renting the property to another church, had constructive notice of a downed power line on the property that had most likely been down for approximately 26 hours, summary judgment was affirmed. In Kelly v. internal citation omitted). internal citation omitted).
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. The statute at the core of the appeal was Tenn. In Mitchell v. City of Franklin, Tennessee , No. Code Ann. §
SCOTUSBlog
OCTOBER 13, 2022
United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. The case involves the so-called Feres doctrine, after Feres v.
SCOTUSBlog
OCTOBER 16, 2024
The text of the civil RICO statute, the companies argued at the Supreme Court, unlike its criminal counterpart, plainly requires a plaintiff to be “injured in his business or property.” That rule of construction, she said, suggests that in the event of any doubt the court should permit Horn’s suit to proceed.
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