Construction Statute Tort 
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.
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.
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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.
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. §
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.
ClimateChange-ClimateLaw
JULY 2, 2025
After STB approved the construction and operation of the Uinta Basin Railway, Eagle County, Colorado, and seven environmental organizations filed a lawsuit alleging that STB had arbitrarily limited the scope of its assessment, and had failed to take a “hard look” at upstream and downstream effects of the crude oil supply chain, among other things.
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