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

Paralegal Bootcamp

APRIL 15, 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.

Paralegals 246

Paralegals Paralegal Legal Assistant Legal Assistance 246

Conflict of Laws

MARCH 24, 2025

It alleged that the directors were actively involved in the chairmans unlawful conduct and therefore liable in tort under Korean law, and GGS was vicariously liable for their actions. This is significant because the tort action in Indonesia was not based on the contract between the parties. [24]

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Tort Contract Court Construction 45

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

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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Tort Construction Court 40

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. §

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Tort Contract Cause of Action Construction 59

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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Paralegals Paralegal Attorney Calendaring 246

ClimateChange-ClimateLaw

OCTOBER 16, 2024

In such situations, the owner of the surface estate has rights to use the surface of the land, such as for constructing buildings, but does not own the underlying mineral resources (e.g., a tort claim), the maximum amount of damages recoverable as compensatory damages is per person and not per occurrence. But what about the pore space?

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Legal Legal Compensatory Damages Tort 64

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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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

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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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

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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Tort Construction Court 40

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

Paralegal Bootcamp

FEBRUARY 3, 2025

Most paralegal certificate programs only teach you the basics of theory and terminology in the core areas of civil litigation, real estate, corporate, and torts. There are so many other practice areas to consider when youre ready to become a paralegal.

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Paralegals Paralegal Paralegal Certificate eDiscovery 130

Day on Torts

JUNE 7, 2022

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. Note: Chapter 41, Section 7 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Under Tenn.

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Depositions Tort Court Construction 59

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. This opinion was released 4.5 months after oral arguments in this case.

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

Michael Smith brought tort claims against New Zealand’s seven largest GHG emitters, which are collectively responsible for one-third of all New Zealand GHG emissions. He argued the defendants’ activities amount to torts of public nuisance and negligence, and also raised a novel claim asserting that the defendants have a climate duty.

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Litigation Litigating Laws Tort 75

JonathanTurley

OCTOBER 30, 2021

Hill accepted the fine but downplayed the offense and punishment as “constructive criticism”: “As a physician and a professional, I always look for ways to improve my practice. Sometimes this includes accepting constructive criticism from others. That would make for a difficult tort case.

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Tort Construction Legal Legal 48

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. Branch’s mobile home on January 31 because [defendant] knew that Ms.

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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. Note: Chapter 45, Sections 3, 9 and 12 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. In our case, the second and third pre-suit notices were directed to ‘Vanderbilt University.’ This opinion was released 3.5

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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. Amin performed only two hysterectomies on female detainees from the ICDC; and (3) Dr. Amin is not a uterus collector.

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Construction Immigration Court Tort 40

Patently O

DECEMBER 18, 2023

TCL Vietnam: Texas law defines ‘doing business’ within the state to include committing a tort in the state. Here, the sale of infringing product in the state is patent infringement — a tort. The Hong Kong and PRC defendants argued that the approach did not comport with the Hague Convention. 4(f)(1).

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Tort Court Construction Manufacturing 64

Day on Torts

OCTOBER 19, 2021

Moreover, the Court pointed out that the evidence supported a finding that the sinkhole in question “existed years before [defendant] constructed its new building” on the higher 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

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. The civil justice system might seem to offer a substitute. After all, as UCLA Prof.

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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. 47 U.S.C. § Dirty World Entertainment.

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Tort Court Compensatory Damages Punitive Damages 41

Paralegal Bootcamp

JULY 24, 2023

A perfect example might be to compare the interpersonal skills required of a litigation paralegal working in family law or personal injury compared with someone who works in commercial or construction litigation.

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Paralegals Paralegal Litigation Litigating 130

Conflict of Laws

NOVEMBER 14, 2022

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. He highlighted the diversity of civil cyber-torts, as well as the challenges of locating the torts that are committed on-line. Through his lecture, prof.

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Tort Contract Laws Statute 52

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

Conflict of Laws

SEPTEMBER 1, 2022

Contractual” duties of care corresponding with negligence in tort, on the other hand, fall within the scope of the Regulation Rome II. The refusal to provide information per se is not a tort in the sense of Article 7 No. Spickhoff: Contract and Tort in European Jurisdiction – New Developments. found differently.

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Contract Tort Procedural Law Court 10

At the Lectern

DECEMBER 21, 2023

The Second District, Division Eight, published opinion held an injured yacht club’s maintenance worker could not sue his employer under federal maritime law because Congress in the Longshoremen’s and Harbor Workers’ Compensation Act has relegated club employees to state workers’ compensation remedies, which preclude tort lawsuits.

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Immigration Court Entertainment Tort 45

JonathanTurley

OCTOBER 9, 2024

” … This is a well-constructed and well-supported decision that could have lasting importance. .” Applying the analytical framework of La Liberte and Overhill Farms to the facts here, the Armentas maintain a “possibility of recovery.”

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Immigration Court Construction Tort 70

Day on Torts

AUGUST 9, 2021

On appeal, defendant argued that although plaintiff was a named owner on the annuity, “they were owners in name only and that the effect of the transaction establishing the annuity was to create something of a constructive trust for Decedent [mother] with [defendant’s] ‘legal posture’ in the nature of a trustee or custodian.” Code Ann. §

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Divorce Cause of Action Statute Diligence 59

JonathanTurley

JULY 14, 2021

Her complaint alleges hostile workplace claims (Count 1, 2,) and constructive termination (Count 3). The latter claim may be tough since she alleges that “Ms. Maron is currently promised a return from sabbatical pursuant to § 3.4.4.1.2 of the agreement, but The Legal Aid Society has made it impossible for her to do so.”

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Lawyer Lawyers Legal Legal 55

JonathanTurley

JULY 11, 2024

” 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. Amin performed only two hysterectomies on female detainees from the ICDC; and (3) Dr. Amin is not a “uterus collector.”

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Immigration Attorney Court Construction 50