Day on Torts

AUGUST 2, 2021

The Court reasoned: [C]onceptually distinct though it is, simple negligence is a subspecies of these heightened forms of negligence, and in turn, these concepts contrast with intentional torts. The GTLA does not exclude claims based on heightened forms of negligence. internal citations omitted).

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Tort Cause of Action Statute Court 59

JonathanTurley

MARCH 25, 2021

In my torts class, we discuss sports torts and defenses. After she sued, MLB and the Cubs argued that she had no legal right to sue. One of those issues is the common inclusion of waivers and binding arbitration language on the back of tickets in microscopic type.

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Court Rules Tort Court Sports 47

JonathanTurley

JULY 7, 2021

District Judge Xavier Rodriguez for the Western District of Texas ruled that the Air Force was legally at fault for the 2017 mass shooting in Sutherland Springs, Texas by Devin Patrick Kelley. The court ruled that. There was a remarkable decision by a Texas federal judge this week when U.S.

Court Rules 57

Court Rules Punitive Damages Court Government 57

JonathanTurley

OCTOBER 19, 2021

We also discussed a torts case involving a delay in calling police, but that case involved people who were deemed partially responsible for a death. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. In torts, there is no duty to rescue rule.

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Tort Misdemeanor Legal Legal 54

Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Statute Attorney Litigation 59

Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” Accordingly, the Court ruled that, pursuant to Tenn.

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 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.”

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

MAY 31, 2022

Based on this legal standard, the Court of Appeals agreed that plaintiff did not comply with the HCLA pre-suit notice requirements here. 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.

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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

Paralegal Bootcamp

JANUARY 4, 2024

Those job responsibilities can sound vague to someone who does not already work in the legal profession, so let’s take a closer look at a few key responsibilities of a litigation paralegal. All of the work that a litigation paralegal does is usually tied to a deadline set by the court rules or the judge. Assist at trial.

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Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. 4] It simply determined not to hear the case, based on its finding that the two village committees did not have standing to sue in the Dutch court. [5]. Summary of Facts.

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Laws Court Contract Legal 98

Constitutional Law Reporter

SEPTEMBER 15, 2021

The District Court ruled that all class members had Article III standing on each of the three statutory claims. Congress may enact legal prohibitions and obligations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. the tort of defamation.

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Court Cause of Action Tort Punitive Damages 52

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. Under Art. 4 (1) Rome II.

Tort 52

Tort Legal Legal Court 52

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The relevant facts are summarized by the UK Supreme Court as follows at [6] and [7]: (…) The Bonga oil field is located approximately 120 km off the coast of Nigeria.

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Cause of Action Court Tort Civil Law 40

JonathanTurley

OCTOBER 28, 2021

There is a new controversy out of Boston that raises novel legal questions over malpractice. It raises an interesting question under torts. Dr. Tony Tannoury, 54, left an operating room with a patient prepped for ankle surgery at Boston Medical Center to eat in his car. He has been reprimanded by state regulators and fined $5,000.

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Tort Court Rules Legal Legal 36

JonathanTurley

MAY 12, 2021

Both factual and legal causation could be claimed. It does not seem particularly remote for purposes of proximate or legal causation. Courts are often faced with a reduction in the opportunity of survival or profits. Such torts are allowed even where there was less than a fifty percent chance of survival.

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Tort Court Court Rules Legal 33

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

Patently O

FEBRUARY 22, 2023

ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-party litigation funding (TPLF) [4] undergirds about 30% of all patent litigation, by conservative estimates. [5] Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Litigating Court Finance 126

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. §

Divorce 59

Divorce Cause of Action Statute Diligence 59

Conflict of Laws

AUGUST 19, 2021

Secondly, a court can validly exercise jurisdiction over a defendant in an action in personam where such defendant submits to the court’s jurisdiction or waives his right to raise a jurisdictional challenge. Leave to Issue and Serve Versus Substituted Service. John Akinkunmi Shoyoye and Anor. 1977) 5 SC 181.

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Court Contract Statute Laws 76

JonathanTurley

OCTOBER 10, 2022

A tragedy in North Carolina could present rather difficult torts questions in a wrongful death case for a grieving family. While his death was due to the negligent lack of road barriers, his family will face considerable legal barriers to recovery that could prove insurmountable.

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Tort Personal Injury Legal Legal 33

JonathanTurley

MARCH 10, 2021

There is a tragic case out of Omaha that has led to a notable decision over tort liability for psychiatrists. Regents of University of California , which I teach in my torts class. In this case, the court ruled that that burden was not satisfied. Loyd was later found incompetent to stand trial. ” Rodriguez v.

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Court Tort Statute Laws 32

Conflict of Laws

SEPTEMBER 14, 2023

Article 5 provides that a foreign state is deemed to consent if it files suit as a plaintiff, participates as a defendant and files “an answer or a counterclaim on the merits of the case,” or participates as a third party in Chinese courts. It is unclear if Chinese courts applying the FSIL will reach the same conclusion.

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Drafting Court Laws Tort 49

Conflict of Laws

MAY 26, 2021

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. 3(1) and (2) Wet Conflictenrecht Onrechtmatige Daad (see the first instance ruling at [4.10]). In the introduction we mentioned the English Supreme Court ruling in Okpaby v Shell [2021] UKSC 3 of February 2021.

Litigation 52

Litigation Litigating Laws Court 52

JonathanTurley

NOVEMBER 21, 2021

The court ruled that Georgia’s prior citizen’s arrest law is only applicable if a person sees a felony committed and acts without delay. The ruling could be “outcome determinative” in the case by stripping away the core defense that these men were chasing a person suspected of a series of crimes over the last year.

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Felony Laws Court Attorney 38

SCOTUSBlog

AUGUST 10, 2023

Share The Supreme Court on Thursday put a bankruptcy plan for Purdue Pharma, the manufacturer of the highly addictive opioid painkiller OxyContin, on hold while it reviews a challenge to the legality of the plan, which would shield the Sackler family, the owners of the drug company, from lawsuits. There were no recorded dissents.

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Personal Injury Government Tort Court 98

JonathanTurley

MARCH 7, 2021

Moreover, our tort for the public disclosure of embarrassing private facts has an exclusion for “newsworthy” stories. The exception is so broad that many have complained that it has “swallowed the tort.” There is no real prospect that the court would reach any different conclusion after a trial.

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Court Rules Drafting Court Tort 37

JonathanTurley

MAY 3, 2021

At the time, I wrote that if someone sued over the resulting mayhem, Durkan and Seattle could find themselves clinging to the very legal doctrine they denounced in police brutality cases: immunity. In 1855, the Supreme Court ruled in South v. That has now happened with a number of state and federal lawsuits.

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Government Court Rules Education Court 59

ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. First, it provides solid legal ground for public bodies in Italy to steer economic activities to pursue environmental (and climate) objectives. This reform bears thus a two-fold implication. In Neubauer, et al.

Litigation 100

Litigation Litigating Government Legal 100

Conflict of Laws

AUGUST 30, 2021

It is preferable to develop a classical conflict of laws rule with connecting factors, which mirror the assessments of the substantive law. It is shown that a mere reinterpretation of the existing Article 5 Rome II Regulation might lead to legal insecurity, and that an addition of the provision is preferable.

Contract 52

Contract Tort Court Litigation 52

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.

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Real Estate Statute Court Tort 52

Conflict of Laws

DECEMBER 13, 2022

After an overview of the application of the WAMCA, which has been introduced in a different context on this blog earlier , we will discuss how the Court assessed the question of international jurisdiction. As no EU rules or international convention applies, the Dutch jurisdiction rules laid down in Articles 1-14 DCCP apply.

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Court Finance Technology Contract 40

JonathanTurley

MARCH 21, 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 articulating that standard that now applies to both public officials and public figures. Here is the opinion: Project Veritas v.

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Tort Litigation Litigating Court 87

SCOTUSBlog

NOVEMBER 22, 2023

Federal law also generally prohibits federal courts from reviewing decisions about whether to cancel deportation, except for “questions of law.” In 2020, the Supreme Court ruled that the term “questions of law” includes a mixed question of law and fact, such as the application of a legal standard to undisputed facts.

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Immigration Court Government Tort 108

Conflict of Laws

AUGUST 3, 2023

The EU Parliament has thereby backed the compromise text reached by its legal affairs committee on 25 April 2023. 22 CSDDD is their mandatory nature for the purpose of private international law, which established by the ECJ for the former and is legally prescribed for the latter in Art. Common to Arts. 22 (5) CSDDD.

Drafting 52

Drafting Diligence Procedural Law Court 52

JonathanTurley

OCTOBER 30, 2023

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. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

Tort 57

Tort Litigation Litigating Construction 57

JonathanTurley

AUGUST 25, 2021

Supreme Court ruled against a provision of federal law that banned computer simulations and virtual pornography under the first amendment. the Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. This is such a case in my view. In Ashcroft v.

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Personal Injury Court Rules Tort Statute 56