SCOTUSBlog

APRIL 25, 2022

Share Federal courts employ the All Writs Act to serve countless ends, from assisting FBI investigations to prohibiting vexatious litigation to requiring Apple to access data. This statute, which was originally part of the Judiciary Act of 1789, empowers federal courts to “issue all writs” (i.e., Twyford disagrees.

Statute 107

Statute Court Rules Court Litigating 107

JURIST

OCTOBER 12, 2021

The International Court of Justice (ICJ) in The Hague, Netherlands on Tuesday ruled in favor of Somalia in the dispute between Somalia and Kenya concerning the maritime border of the Indian Ocean. The top court ruled unanimously that there was no agreed maritime boundary between Somalia and Kenya.

Depositions 104

Depositions Statute Court Rules Legal 104

Day on Torts

AUGUST 9, 2021

Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion.

Divorce 59

Divorce Cause of Action Statute Diligence 59

Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

APRIL 1, 2022

In support of this motion, defendant filed the deposition of the NP, wherein she stated that she had reviewed decedent’s medical records “for the sole purpose of assessing whether there were any deviations from the nursing standard of care,” but not from the perspective of “whether those deviations caused Decedent’s death.” Code Ann. §

Depositions 59

Depositions Healthcare Statute Litigating 59

Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

SEPTEMBER 9, 2022

The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.”

Contract 52

Contract Tort Court Rules Statute 52