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

SCOTUSBlog

OCTOBER 16, 2024

Horn’s premise – that civil RICO is available if the “personal” injury leads to “business or property” damages – would have sweeping implications, the companies argued, making RICO available to any tort plaintiff who can produce a receipt for lost wages or other economic loss.

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Personal Injury Court Personal Injury Lawyer Tort 106

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 35

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 1, 2022

Japan , their case challenging the legality of a governmental approval that allows for the construction and operation of new coal-fired power plants. Through May 2022, all existing climate litigation cases in Japan concern the construction or operation of coal-fired power plants and refer to citizens’ attempts to stop the use of coal.

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Litigating Litigation Construction Tort 143

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 US Court of Appeals for the Second Circuit affirmed the Southern District of New York’s ruling on Thursday dismissing New York City’s suit against Chevron.

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Court Tort Construction Laws 118

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

JURIST

MAY 15, 2022

The case was consolidated into a class section and funds will be distributed similarly to a mass tort action. Families will be entitled to pain and sufferk f damages and economic damages.

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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

Paralegal Bootcamp

FEBRUARY 25, 2022

In my own defense, the last 25 years of my career has been dedicated to one attorney as a contracted tort litigation paralegal. She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association specializing in tort law.

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Legal Assistant Legal Assistance Legal Legal 264

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

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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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

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 Court Depositions 52

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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Litigating Litigation Laws Tort 70

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 Litigating Litigation 110

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

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. Domestic violence tort. Fee failure forfeit of arbitration.

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Court Tort Drafting Court Rules 49

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 Litigating Litigation Construction 122

Conflict of Laws

MAY 18, 2021

The duties of care of a sponsor under contract and/or tort law are also determined by the degree of control exercised by a sponsor and the economic dependence of the athlete on the sponsor. A natural obligation (obligatio naturalis) is a legal construction whose roots stretch back to Roman law.

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Contract Law Contract Construction Sports 52

Conflict of Laws

OCTOBER 31, 2024

The Higher Regional Court in Munich (Oberlandesgericht München) held that under both the European and the national jurisdictional regimes, “Eingriffskondiktion” were to be understood as tort claims. Under the Rome II Regulation, however, the court classified such claims not as tort claims but as claims falling under Art. 4 subpara.

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Contract Tort Legal Legal 59

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.

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Paralegals Paralegal Legal Assistant Legal Assistance 246

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

NOVEMBER 30, 2020

6, 2020), plaintiffs were the decedent’s children, who had died while working as a plumber on a construction project. Rather, when a minimum threshold of foreseeability is established, courts must engage in an analysis of the relevant public policy considerations, to determine whether a duty enforceable in tort must be imposed. …

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Prima Facie Case Construction Contract Tort 52

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 60

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

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 Court Construction 45

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

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 33

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

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

Conflict of Laws

OCTOBER 23, 2023

Second, a statute may contain, on its proper construction, a ‘self-limiting’ provision triggered if the applicable law is the lex fori. This is ultimately a consequence of the premium placed on a purposive construction to mandatory laws arising out of the home forum.

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Laws Contract Statute Construction 59

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 Litigating Litigation 130

JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. Since the road leads to the hazard, one could argue that there should have been barriers constructed or action taken to warn drivers of the hazard down the road.

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Tort Personal Injury Legal Legal 34

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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Lawyer Lawyers Litigating Litigation 111