Day on Torts

OCTOBER 20, 2023

Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse.

Tort 52

Tort Compensatory Damages Court Rules Court 52

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

Law 360

JUNE 17, 2021

The Supreme Court ruled in favor of Nestle and Cargill on Monday in a lawsuit claiming the chocolate makers aided and abetted child slavery on African cocoa farms, reversing a ruling that allowed the claims to proceed under the Alien Tort Statute.

Court Rules 52

Court Rules Tort Statute Court 52

SCOTUSBlog

OCTOBER 13, 2022

United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. relisted after the Sept. 28 and Oct. 7 conferences).

Tort 105

Tort Construction Court Felony 105

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

JURIST

JANUARY 1, 2021

The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. The Iowa Tort Claims Act (ITCA) prohibits an award of punitive damages against the state.

Punitive Damages 197

Punitive Damages Tort Court Laws 197

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

Day on Torts

JUNE 2, 2021

The trial court ruled that because plaintiff was a public figure, he would have to show actual malice to succeed on his defamation claim, and that the complaint “lacked any factual allegations to support a finding of actual malice.” Turning to the countercomplaint, the Court began by looking at Ms. internal citation omitted).

Tort 52

Tort Punitive Damages Court Rules Court 52

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

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

Tort 59

Tort Contract Cause of Action Construction 59

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).

Tort 59

Tort Cause of Action Statute Court 59

JURIST

OCTOBER 16, 2023

The US Supreme Court declined to hear an appeal from North Carolina on Monday over the constitutionality of a state law allowing employers to sue employees working as undercover investigators. ” The denial from the Supreme Court offered no explanation or reasoning. Third, the state contended that the case was incorrectly decided.

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

JURIST

JUNE 21, 2021

The Court of Appeals affirmed the district court’s dismissal of the suit on grounds of sovereign immunity under the Foreign Sovereign Immunities Act of 1976 (FSIA). The post US court dismisses suit against Poland for seeking extradition over Nazi-looted art appeared first on JURIST - News - Legal News & Commentary.

Court 220

Court Tort Court Rules Legal 220

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.

Court 177

Court Tort Court Rules Laws 177

JURIST

MARCH 24, 2022

They sought to hold Shell responsible in Hague after exhausting legal possibilities in Nigeria, following the Dutch court ruling it had jurisdiction to hear their case in 2019. Five witnesses testified to the court.

Court 104

Court Tort Court Rules Government 104

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 44

Court Rules Court Tort Laws 44

JonathanTurley

MARCH 25, 2021

In my torts class, we discuss sports torts and defenses. One of those issues is the common inclusion of waivers and binding arbitration language on the back of tickets in microscopic type. That issue came up in an interesting case involving the Chicago Cubs.

Court Rules 35

Court Rules Tort Court Sports 35

At the Lectern

APRIL 12, 2023

5th 93 — “ Missed break premiums count as wages, State Supreme Court rules.” 5th 905 — “ Lenders don’t owe borrowers a general duty of care, top state court rules.” Another CLAY award winning case is Naranjo v. Spectrum Security Services, Inc. 2022) 13 Cal.5th

Lawyer 81

Lawyer Lawyers Immigration Court 81

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.

Tort 59

Tort Statute Attorney Litigating 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

AUGUST 2, 2022

Under the modern discovery rule…, Plaintiffs were on constructive notice of their claim by October 5, 2009. Because plaintiffs had constructive notice of their claim in 2009, the Court ruled that the conversion claim should have been barred by the three-year statute of limitations.

Construction 59

Construction Tort Statute Attorney 59

Day on Torts

SEPTEMBER 9, 2022

Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).

Contract 52

Contract Tort Court Rules Statute 52

Day on Torts

OCTOBER 31, 2022

The trial court ruled that “Dr. Steege did not meet the locality rule outlined in Shipley v. Merely being licensed in Tennessee or a bordering state is not enough if the expert cannot also meet the locality rule. Steege from Chapel Hill, North Carolina. Code Ann. § 26-26-115(b). Williams , 350 S.W.3d 3d 527 (Tenn.

Tort 59

Tort Depositions Depose Court 59

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. This opinion was released three months after the case was assigned on briefs.

Tort 59

Tort Statute Diligence Contract 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.”

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

JURIST

OCTOBER 4, 2022

1252(d)(1) which holds that immigrants must first exhaust all administrative remedies before turning to a federal court for review. Glacier brought a tort claim against the Teamsters for the loss of concrete. The Teamsters are asking that the court affirm this lower court ruling, while Glacier seeks to enforce state tort law.

Court 118

Court Immigration Tort Law Firms 118

JonathanTurley

JULY 7, 2021

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible.

Court Rules 43

Court Rules Punitive Damages Court Government 43

Day on Torts

DECEMBER 5, 2022

The Court noted that this exact issue had been addressed in a 2020 Court of Appeals case, where the Court stated: “The law in Tennessee is well-established on this issue, and it is not the role of this Court to depart from it.” Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted).

Compensatory Damages 59

Compensatory Damages Punitive Damages Tort Diligence 59

Day on Torts

MARCH 4, 2023

In a unanimous decision, the Tennessee Supreme Court has held that the Governmental Tort Liability Act (GTLA) “removes immunity only for ordinary negligence,” not for gross negligence or recklessness. The Court of Appeals reversed dismissal. In Lawson v. Hawkins County, Tennessee , No. E2020-01529-SC-R11-CV (Tenn.

Tort 59

Tort Court Rules Government Court 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). This opinion was released 1.5

Tort 59

Tort Construction Statute 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

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

FEBRUARY 24, 2022

Regarding the permanence of plaintiff’s injury, the Court found that plaintiffs’ experts had testified to some permanence for both his leg and back and his cognitive injuries, and that the medical testimony was “corroborated by [plaintiffs’] respective testimony that [plaintiff’s] physical and cognitive symptoms have not improved since the accident.”

Tort 59

Tort Personal Injury Court Court Rules 59

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). Summary judgment was therefore affirmed.

Tort 45

Tort Construction Court Rules Court 45

SCOTUSBlog

JANUARY 8, 2021

The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law. Court of Appeals for the 3rd Circuit disagreed and barred the suit, seeing the compact as more akin to an agreement that New Jersey could — and did — renounce. In 1978’s Monell v. Finally, Doe v.

Government 92

Government Tort Court Rules Court 92

At the Lectern

JUNE 13, 2024

Two included separate explanatory statements: Three votes for review, and a dissenting statement, in juvenile coerced plea case Two votes for review, and a dissenting statement, in youth-offender LWOP no-parole case A third case concerned domestic violence torts. The court granted review in Hohenshelt v. Superior Court (2023) 15 Cal.5th

Court 49

Court Tort Drafting Court Rules 49

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.

Tort 59

Tort Cause of Action Court Statute 59