JURIST

JUNE 2, 2022

However, Florida law waives sovereign immunity for torts, subject to exceptions. Judge Casanueva’s holding affirmed the trial court’s refusal to dismiss the class action and rejected the use of USF’s sovereign immunity defense at this stage of the class action.

Court Rules 104

Court Rules Contract Court Tort 104

ABA Journal

APRIL 2, 2021

Federal law gives the Environmental Protection Agency, not federal courts, the authority to regulate greenhouse emissions in the United States, a federal appeals court ruled…

Tort 55

Tort Laws Court Rules Court 55

JURIST

APRIL 16, 2024

.” Both the district court and the Fifth Circuit looked to NAACP v. Claiborne Hardware Co. , a 1982 case in which the Supreme Court held that speech during an assembly must incite imminent wrongdoing to be punishable.

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Court Tort Court Rules Laws 177

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. The Court unanimously held that the district court’s dismissal of King’s claims under the FTCA triggered the “judgment bar” in 28 U.S.C. In Brownback v.

Court Rules 52

Court Rules Tort Court Cause of Action 52

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.

Tort 49

Tort Court Personal Injury Contract 49

JURIST

OCTOBER 4, 2022

The court is asked to consider whether an unnamed law firm specializing in international tax was allowed to withhold documents in a grand jury proceeding on the basis of attorney-client privilege. 1252(d)(1) which holds that immigrants must first exhaust all administrative remedies before turning to a federal court for review.

Court 118

Court Immigration Tort Law Firm 118

Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. The Jurisdiction of the Chinese Court: Prorogated Jurisdiction.

Laws 98

Laws Court Contract Legal 98

ClimateChange-ClimateLaw

JUNE 1, 2022

Civil law cases. In both cases, the so-called greening of human rights is observed, where the citizens attempt to incorporate the interests to not have their health damaged by GHG emissions into personal rights that are commonly used as a legal basis for an injunction in civil law cases. In September 2017, in Sendai Citizens v.

Litigation 143

Litigation Litigating Construction Tort 143

At the Lectern

APRIL 12, 2023

One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. 5th 827 — “ Helping a teen boy escape El Salvadorian gangs and become a lawful resident.” 5th 93 — “ Missed break premiums count as wages, State Supreme Court rules.” 2022) 13 Cal.5th ” In Saul H. ,

Lawyers 81

Lawyers Lawyer Immigration Court 81

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. Chevron Corp. Chevron Corp.

Court 85

Court Tort Cause of Action Litigating 85

Conflict of Laws

MARCH 30, 2021

Since Foster v Driscoll [1929] 1 KB 470, common law courts have recognised that contracts made with the intention to commit a criminal offence in a foreign state are unenforceable, even if the contract contemplated an alternative mode or place of performance.

Laws 52

Laws Contract Tort Government 52

Conflict of Laws

MARCH 17, 2025

At the end of each year I publish an article (in German) about the Conflict of Laws developments in Germany of the last twelve months, covering more or less the year 2024 and the last months of 2023. In Germany, in order to offer online gambling, you need a licence under German law.

Contract 45

Contract Family Law Laws Manufacturing 45

Day on Torts

MAY 18, 2022

The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. Click on the link to see the book’s Table of Contents.

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Tort Statute Diligence Contract 59

Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Click on the link to see the book’s Table of Contents.

Tort 59

Tort Construction Statute Court 59

Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” . § 20-17-101 et seq.,

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Day on Torts

FEBRUARY 24, 2022

The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion. The sole issue on appeal was “whether the jury’s verdict [was] contrary to the law or evidence.” Click on the link to see the book’s Table of Contents.

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Tort Personal Injury Court Rules Court 59

Day on Torts

MAY 11, 2022

The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case. 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.” In Dotson v. State , No. E2019-00325-COA-R9-CV (Tenn. internal citations omitted).

Tort 59

Tort Statute Cause of Action Court 59

Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

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Compensatory Damages Punitive Damages Tort Diligence 59

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.”

Contract 52

Contract Tort Court Rules Statute 52

JonathanTurley

MARCH 21, 2021

Sullivan, sued for defamation and won under Alabama law. Sullivan’s lawsuit was one of a number of civil actions brought under state laws that targeted Northern media covering the violence against freedom marchers. These are extremely rare rulings and, in my view, the use the defense in this case was a mistake. seven times.

Tort 87

Tort Litigating Litigation Court 87

JonathanTurley

JULY 27, 2024

.” The Ohio Supreme Court just ruled that selling a boneless chicken dish does not mean that it is boneless because it is referring to a “cooking style not a guarantee.” ” In my torts class, I teach food contamination and liability cases.

Court Rules 46

Court Rules Court Tort Laws 46

Day on Torts

FEBRUARY 8, 2022

Because of this, the Court held that the HCLA applied “regardless of the theories of liability.”. Plaintiff argued that the misrepresentations negated her consent, making the surgical procedure a medical battery, but the Court ruled that the HCLA still applied. Click on the link to see the book’s Table of Contents.

Tort 59

Tort Court Statute Laws 59

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

Tort 59

Tort Immigration Cause of Action Court Rules 59

Day on Torts

MAY 31, 2022

While plaintiff asserted that he relied on advice from an out-of-state attorney and was acting pro se when the notices were sent, the Court ruled that this did not constitute extraordinary cause. 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.

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Tort Statute Court Construction 59

Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Seven of the civil cases are tort cases.

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Court Tort Statute Lawyers 59

Day on Torts

OCTOBER 24, 2022

Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. The Court noted that defendant was not a party to the contract between UT and Erlanger, and that both UT and Erlanger benefited from the affiliation agreement.

Tort 45

Tort Contract Court Statute 45

Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). internal citation omitted).

Tort 45

Tort Construction Court Rules Court 45

Day on Torts

DECEMBER 8, 2022

Because the TPPA “does not specifically limit a party’s right to obtain a voluntary nonsuit or otherwise relate specifically to the effect of a voluntary nonsuit,” the Court ruled that it was “not the type of ‘statute’ contemplated by the exception stated in Rule 41.01.” (internal citation omitted). internal citation omitted).

Tort 59

Tort Statute Attorney Court 59

Day on Torts

FEBRUARY 7, 2022

The Court noted that it could not locate previous case law interpreting this portion of the Rule, but that the advisory comments stated that this sentence was “thought necessary in light of Tennessee’s adoption of comparative fault.” 2), the trial court did not err in considering the testimony of [plaintiff’s wife].”.

Tort 52

Tort Court Statute Laws 52

Day on Torts

APRIL 29, 2021

She pointed to a paragraph in the first complaint that stated: “Since this present Complaint is based upon the tort of battery, not negligence, it was not necessary that Defendants be served with a notice of potential claim 60 days before the suit is filed.” This conclusion is most aligned with Tennessee law and public policy.

Tort 59

Tort Cause of Action Statute Court Rules 59

Conflict of Laws

MARCH 27, 2024

Within New Zealand, the rules are in the Trans-Tasman Proceedings Act 2010 (Cth) —legislation in the spirit of the Hague Conference on Private International Law—as modified by the rules of the forum court. Defendants in any other foreign country are captured by the rules of the forum court.

Tort 64

Tort Litigating Litigation Court 64

Conflict of Laws

MAY 26, 2021

Though decided almost four months ago, the case merits discussion of several private international law aspects that will perhaps become one of the milestones in the broader context of liability of parent companies for the actions of their foreign-based subsidiaries. in the 2015 ruling). Application of (substantive) Nigerian law.

Litigation 52

Litigation Litigating Laws Court 52

JonathanTurley

NOVEMBER 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. The Court sought to create “breathing space” for the media by applying standard to both public officials and public figures.

Tort 10

Tort Government Court Rules Lawyers 10

Day on Torts

JANUARY 29, 2021

The Governmental Tort Liability Act (GTLA) governs suits against governmental entities in Tennessee, removing immunity for governmental entities only in certain situations. Defendants first argued that Mr. Mosby’s actions in this case qualified as an assault or battery, an intentional tort for which immunity would not be removed.

Tort 59

Tort Depositions Court Sports 59

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. Craigslist, Inc. ,

Tort 41

Tort Court Compensatory Damages Punitive Damages 41

Conflict of Laws

JANUARY 1, 2023

Shell ” case before the Dutch district court in The Hague. In this judgment, the court had to determine the law applicable to an NGO’s climate reduction claim against Royal Dutch Shell. The court ruled that Dutch law was applicable as the law of the place where the damage occurred under Art.

Tort 52

Tort Legal Legal Court 52