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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Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Oil spill in Nigeria and litigation in The Hague courts. Human rights litigation and Rome II.

Litigation 52

Litigation Litigating Laws Court 52

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.

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Tort Immigration Cause of Action Court Rules 59

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

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Tort Cause of Action Court Statute 59

Conflict of Laws

MARCH 27, 2024

Background The rules as to service outside the jurisdiction are important to cross-border litigation in Australian courts. Among other things, the rules on service provide the limits to the court’s jurisdiction in personam : Laurie v Carroll (1957) 98 CLR 310 , 323. See Agar v Hyde , CLR 572 [16].

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Tort Litigation Litigating Court 64

Conflict of Laws

MARCH 17, 2025

One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. So far, German courts were hesitant to take this road. 826 BGB ).

Contract 45

Contract Family Law Laws Manufacturing 45

JonathanTurley

JUNE 2, 2022

The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S. Attorneys are protected by absolute privilege in court in making harmful and even false statements. This was a statement made outside of court and subject to defamation challenges. See Kennedy v.

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Punitive Damages Tort Lawyer Lawyers 51

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.

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Conflict of Laws

DECEMBER 12, 2020

Under the Civil Procedure Law of China (CPL), the general rule of territorial jurisdiction is that a civil action shall be brought in the People’s Court of the place in which the defendant is domiciled subject to various exceptions grouped together under the title of “special jurisdictions”. [9]

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Laws Court Contract Legal 98

JonathanTurley

JUNE 16, 2021

However, this is now a defamation action which could present significant challenges based on the elements for the tort. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The only question is whether this is actionable as a matter of torts.

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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

JonathanTurley

OCTOBER 16, 2021

We have increasing state and federal rules imposing such costs in the United States. Notably, this is not the first litigation over punctuation. The court ruled that it was not clear whether the law meant to exempt the distribution of the three categories that followed. 3) Perishable foods. 3) Perishable foods.

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Real Estate Court Rules Litigation Litigating 53

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 jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

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Day on Torts

MARCH 12, 2021

The trial judge in this case specifically found defendant to be a credible witness, and the Court ruled that “[g]iving due deference to the trial court’s credibility determination, the record supports the trial court’s conclusion that [plaintiff] failed to prove that [defendant] intentionally misrepresented the amounts owed.”.

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Attorney Court Contract Divorce 59

Conflict of Laws

AUGUST 30, 2021

The focus is on the question how tort claims are connected if the contracting partners have agreed on confidentiality terms, in particular under a non-disclosure agreement. In case the agreement of the parties is ruled by the laws of a Non-European state, it is doubtful whether the harmonized European trade secret law is applicable.

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Contract Tort Court Litigation 52

Conflict of Laws

JUNE 29, 2023

More importantly, the court considered the requirement of a “real connecting link” in the context of Art. The court ruled that in unfair competition law disputes of contractual nature the establishment of such a link must be based on the content of the measure sought, not merely its effects. 7(1) of the Brussels Ibis Regulation.

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Tort Court Procedural Law Laws 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.

Real Estate 52

Real Estate Statute Court Tort 52

Conflict of Laws

MARCH 17, 2025

One court ( LG Stuttgart, 11.9.2024 – 27 O 137/23 , 18.09.2024 27 O 176/23 ) even considered it sufficient if the consumer was in Germany when opening the bank account with the gaming provider from which the money was then transferred to the games. So far, German courts were hesitant to take this road. 826 BGB ).

Contract 40

Contract Family Law Laws Manufacturing 40

Conflict of Laws

SEPTEMBER 14, 2023

Supreme Court has held that issuing foreign government bonds is a commercial activity, even if done for a sovereign purpose. It is unclear if Chinese courts applying the FSIL will reach the same conclusion. to Article 14(3) is significant because Chinese court decisions that recognize foreign judgments are considered “rulings.”

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Drafting Court Laws Tort 49

Conflict of Laws

AUGUST 3, 2023

Specific jurisdiction in matters relating to tort will be of little use, as in value chain civil liability claims the place of the event giving rise to damages and the place of damage are usually outside the EU and within that third state. Norfolk Southern Railway Co., Specific jurisdiction will not exist in most cases, either.

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Drafting Diligence Procedural Law Court 52

JonathanTurley

NOVEMBER 20, 2021

It seems likely that the case will move into a new stage of litigation, particularly civil litigation. That includes wrongful death actions much like the litigation against O.J. However, he was then found guilty in a torts lawsuit brought by the Goldman family and ordered to pay $33.5 Bond claims.

Litigation 11

Litigation Litigating Tort Laws 11

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. It may be cathartic but it can be costly.

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Tort Litigation Litigating Court 87

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 59

Tort Litigation Litigating Construction 59

JonathanTurley

OCTOBER 31, 2023

Below is an expanded version of my column in the New York Post on the return of Halloween and joy of little litigators in anticipation of the return of the festival of Samhain. Here is the column: With the arrival of Halloween, little children and litigators will again celebrate their favorite holiday. follow the rules.”She

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Tort Lawyer Lawyers Personal Injury Lawyer 57

ClimateChange-ClimateLaw

OCTOBER 7, 2019

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also found that Mann’s lawsuit did not constitute state action and therefore dismissed the writer’s constitutional tort claim.

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Court Statute Government Tort 40

JonathanTurley

FEBRUARY 20, 2021

In my torts class, I teach defamation and often discuss the California retraction law. Accordingly, the federal court in New York had to decide where how Virginia courts would likely rule on the “place of the wrong” in this multistate defamation case. He is facing criminal charges in New York.

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Tort Cause of Action Laws Court 36

JonathanTurley

JANUARY 31, 2021

As someone who has taught defamation torts for thirty years, the Trump Administration has been a bonanza of such cases and controversies. I was therefore gladdened by the Supreme Court ruling 8-1 in favor of the free speech in the case, even if it meant a victory for odious Westboro Church. In New York Times v.

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Tort Court Laws Court Rules 56

SCOTUSBlog

JANUARY 16, 2025

They contended that it would seem to follow from Apprendi that a jury must find any facts necessary to support a (nonzero) restitution order, and they suggested that the court should take up a lower court ruling to the contrary. Osseo Area Schools, Independent School District No. Relisted after the Jan. 10 conference.)

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Tort Statute Court Laws 107

SCOTUSBlog

DECEMBER 3, 2021

In early November, the district court ruled that UNC’s use of race in admissions was consistent with Supreme Court precedents. Issue : Whether the discretionary function exception to the Federal Tort Claims Act immunizes the United States from tort liability for acts taken by its employees in violation of the Constitution.

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Healthcare Tort Education Court 104

JonathanTurley

FEBRUARY 5, 2022

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.

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Tort Drafting Court Court Rules 53

JonathanTurley

JANUARY 19, 2022

Those earlier sources relied upon by sites like Mediaite could find themselves the subject of discovery if this now goes to litigation. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. Reader’s Digest Association , 443 U.S. 157, 168 (1979).

Laws 32

Laws Tort Court Diligence 32

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Colorado Court Ruled on Venue for Colorado Local Governments’ Climate Change Claims. Wikimedia Commons. and non-U.S.

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Court Reporting Construction Court Government 45

ClimateChange-ClimateLaw

JUNE 8, 2021

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Federal Court Upheld Environmental Review for Forest Thinning Project. By Margaret Barry and Korey Silverman-Roati. and non-U.S.

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Court Statute Government Litigation 45

ClimateChange-ClimateLaw

NOVEMBER 7, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. The court also dismissed defamation and related state tort claims. CLIMATE LITIGATION CHART.

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Court Attorney Technology Assisted Review Legal 40

ClimateChange-ClimateLaw

FEBRUARY 10, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Federal Court Denied Motions to Dismiss Challenges to 2019 Presidential Permit for Keystone XL. CLIMATE LITIGATION CHART.

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Court Reporting Court Government Construction 40

JonathanTurley

DECEMBER 27, 2020

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.

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Laws Tort Law School Constitutional Law 57

JonathanTurley

MAY 23, 2021

” What is most interesting about this lawsuit is how it is arguably meritless under both tort and constitutional law. Trump could argue truth as a defense and fall back on opinion is needed in any litigation. This is a classic example where opinion is protected under tort and constitutional law.

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