Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

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Conflict of Laws

AUGUST 15, 2024

The book explores the approach of English courts to jurisdictional issues in foreign direct liability (FDL) claims brought against English-based parent companies and their foreign subsidiaries as co-defendants. Chapter 4 examines the capacity and challenges faced by English courts in adjudicating foreign direct liability (FDL) claims.

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SCOTUSBlog

JUNE 8, 2023

They operate as contracts between the federal government and the recipient of funds; any private person suing to enforce the terms of that contract is a third-party beneficiary, who is generally barred from enforcing contractual obligations. HHC argued that spending clause enactments are unique.

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Conflict of Laws

APRIL 13, 2025

They relied on old and new case law, reports and legal scholarship.

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Day on Torts

MARCH 9, 2022

Where the evidence clearly established the elements of intent and malice in an inducement of breach of contract case, summary judgment for plaintiff was affirmed. Moreover, the trial court’s ruling that plaintiff could recover attorney’s fees as compensatory damages under the independent tort theory was also affirmed.

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At the Lectern

MARCH 7, 2022

Balancing “the interests of homeowners in default against those seeking affordable home loans,” the Supreme Court in Sheen v. ” The court settles a conflict in Court of Appeal case law and notes a similar divide in federal district court rulings.

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At the Lectern

JULY 10, 2023

Superior Court , the Supreme Court today holds that medical providers can assert a statutory claim against publicly operated health care service plans, just as they can sue privately operated plans, to get reimbursement for emergency services provided to plan enrollees. In County of Santa Clara v. ” (Link added.)

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JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. CACI contended that the plaintiffs had their day in court and that the evidence did not support a verdict against CACI.

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Day on Torts

JUNE 15, 2022

Although the State had contracted with a municipality for the maintenance of a state-owned highway, the State still bore “the ultimate responsibility for inspecting and maintaining [the highway],” and “the contract did not absolve the State of potential liability for failing to do so.” The Court rejected this argument.

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Conflict of Laws

AUGUST 9, 2021

Tort Choice of Law Rules in Cross-border Multi-party Litigation under European and Chinese Private International Law. This blog post is part of the article ‘Tort Conflicts Rules in Cross-border Multi-party Litigation: Which Law Has a Closer or the Closest Connection?’ Tort conflicts rules in China and the EU.

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Day on Torts

SEPTEMBER 9, 2022

Defendant Wolf Tree (Wolf) filed a motion for summary judgment arguing that it owed no duty to plaintiffs because “its contract with SCES explicitly stated that it was not to prune service drops,” because “it had no statutory or common law duty,” and because “Plaintiffs could show no evidence of a negligent or intentional trespass or nuisance.”

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Conflict of Laws

MARCH 17, 2025

I would be really curious to hear whether these or similar cases are also moving courts in other jurisdictions and how courts deal with them. Restitution of Money lost in Illegal Gambling Cases involving the recovery of money lost to illegal online gambling are being heard in courts across Germany and probably across Europe.

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Day on Torts

MARCH 22, 2022

8, 2022), plaintiff’s husband and step-son owned a commercial electrical contracting business. When the business was unable to finish the work project, the company for whom the work was to be done enforced its contract with plaintiff and her husband and took possession of various properties owned personally by plaintiff and her husband.

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Conflict of Laws

JANUARY 21, 2024

The Supreme Court of Canada has granted leave to appeal in Sinclair v Venezia Turismo. In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the case.

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Conflict of Laws

SEPTEMBER 9, 2021

AG Saugmandsgaard Øe observes in his Opinion presented today in the case HRVATSKE ŠUME, C-242/20, the Court of Justice has already faced requests for a preliminary ruling where arose a question on qualification of an action for unjust enrichment for the purposes of the Brussels I Regulation.

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At the Lectern

AUGUST 22, 2024

the Supreme Court resolved a question certified by the Ninth Circuit involving the application of California’s economic loss rule. The economic loss rule generally prohibits plaintiffs from recovering tort damages in cases involving breaches of contract that cause only economic losses. Uber Technologies, Inc.

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Conflict of Laws

DECEMBER 16, 2021

In its Judgment BT v Seguros Catalana Occidente, EB, Case C-708/20 , rendered on 9 December 2021, the Court of Justice of the European Union interpreted Article 13 Brussels Ibis Regulation. Amongst other things, the provision at hand takes into consideration direct actions of the injured party against the insurer domiciled in a Member State.

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Day on Torts

FEBRUARY 2, 2023

This suit followed, asserting several contract and property claims, as well as a tort claim for intentional interference with business relationships. The trial court dismissed the tort claim against the City pursuant to the GTLA, and dismissal was affirmed on appeal. At issue here was Tenn. Code Ann. § Continue reading

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Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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Paralegal Bootcamp

APRIL 15, 2022

Or do you prefer close-to-home, no-traffic drama and being out of the midst of the major law firms and courts? She worked in larger firms in the downtown Phoenix area for past Presidents of the American Trial Lawyer’s Association, specializing in tort law. Do you enjoy the hustle and bustle of the city and being close to the action?

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SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Begani was tried and convicted by court-martial. In his petition, Begani asks the Supreme Court to review this decision and to limit military jurisdiction over retirees. In 2011’s AT&T Mobility LLC v. In Morgan v.

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Conflict of Laws

AUGUST 29, 2024

After reading and reviewing a thought-provoking book on the choice of law in international commercial contracts in Indonesia last year, I decided to delve further into the subject by picking up a book on Indonesian private international law. Finally, Chapter 2 addresses immunities from jurisdiction.

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Conflict of Laws

AUGUST 23, 2023

1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia. Chapter Two of this work proceeds to discuss choice of law in international commercial contracts in a global context.

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Conflict of Laws

JUNE 26, 2022

265/21, the CJEU is bound to add another chapter to the never-ending story of accurately describing the scope of the head of special jurisdiction for contracts in what is today Art. Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

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Conflict of Laws

MARCH 24, 2024

Answering these questions, this article explores the recent expansion from judicial mediation to Specially-Invited Mediation at the people’s courts in China and discusses whether the features of Specially-Invited Mediation impact the recognition and enforcement of MTS at the common law jurisdictions.

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Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. internal citation omitted).

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Conflict of Laws

MARCH 7, 2025

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 162) OSHIMA Lisa The Potential and Limitations of Contracts That Function as Succession Substitutes (p.

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Patently O

FEBRUARY 22, 2023

bankruptcy, class action, trademark, securities, and tort litigation, to the tune of $50 to $100 billion in investments annually. [10] That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches.

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At the Lectern

DECEMBER 7, 2021

The Ninth Circuit yesterday asked the Supreme Court to resolve a question of California law that will decide a federal action against Uber arising from the alleged improper launch of the company’s ridesharing platform in Argentina. Asked and answered: California Supreme Court responses to Ninth Circuit questions.

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Conflict of Laws

FEBRUARY 26, 2022

Bianca Scrabak has recently published an innovative book on international jurisdiction in contract and tort under the Brussels Ia Regulation, in which she develops a comprehensive solution for cases in which Article 7(1) and 7(2) vest special jurisdiction in the courts of more than one Member State.

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Day on Torts

JUNE 21, 2022

The trial court granted defendant’s motion to dismiss, ruling that the complaint did not establish that the “retaking of the automobile was in defiance of the true owner’s rights,” and the Court of Appeals affirmed. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

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At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

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Day on Torts

FEBRUARY 16, 2022

Goodall had contracted with a construction company to build the sidewalk, which was substantially completed in September 2006. Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. internal citation omitted). This opinion was released 1.5

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Day on Torts

SEPTEMBER 14, 2022

The homeowner who had hired the roofing company had entered into a separate contract with DSS, an equipment company, and rented scaffolding from them. After discovery, DSS filed a motion for summary judgment, which the trial court granted. The Court explained: In this case, it is undisputed that DSS did not own or operate the property.

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Conflict of Laws

MARCH 25, 2021

Back in November 2020, we reported about the Opinion delivered by Advocate General Bobek in the case Obala i lucice, C-307/19, in which he revisited the case law built upon the judgment of the Court of Justice in Pula Parking, C-551/15. This Thursday, the Court rendered its judgment in the case in question. Legal and factual context.

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Day on Torts

NOVEMBER 15, 2022

The counterclaim asserted claims for breach of contract, libel and slander based on statements allegedly made online and to third parties by plaintiffs about defendant. The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis.

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