JURIST

JUNE 21, 2021

The US Court of Appeals for the District of Columbia Circuit on Friday upheld the dismissal of Alexander Khochinsky’s suit against Poland for seeking his extradition over his possession of a painting allegedly taken from Poland by Nazi troops.

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Court Tort Court Rules Legal 220

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. In February, the United States Court of Appeals for the Fourth Circuit ruled the statute was an unconstitutional limitation of First Amendment rights.

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Compensatory Damages Statute Court Tort 230

HowAppealing

JANUARY 14, 2024

“Drugmaker can be held responsible for delaying HIV treatment rollout, court rules”: Bob Egelko of The San Francisco Chronicle has this report. ” You can access last Tuesday’s ruling of the California Court of Appeal for the First Appellate District at this link. .”

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Court Rules Tort Court Laws 100

JURIST

APRIL 16, 2024

The US Supreme Court Monday declined a petition for a writ of certiorari filed by Black Lives Matter organizer DeRay Mckesson, effectively allowing him to be sued by a Louisiana police officer for negligence. ” Both the district court and the Fifth Circuit looked to NAACP v. The case at bar, DeRay Mckesson v.

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Court Tort Court Rules Laws 177

JURIST

JUNE 2, 2022

A Florida appeals court Wednesday held that the University of South Florida (USF) cannot invoke sovereign immunity to avoid a COVID-19 student fees lawsuit. USF appealed a trial court’s denial of “its motion to dismiss in which it asserted the defense of sovereign immunity.”

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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.

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Court Rules Tort Statute Court 52

JURIST

OCTOBER 4, 2022

The US Supreme Court Monday granted certiorari in nine new cases, including two cases on liability shields for online platforms. Google , the court is asked to consider the scope of Section 230 of the Communications Decency Act , which broadly shields online platforms from liability for content posted by the platforms’ users.

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Court Immigration Tort Law Firm 118

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.

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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.

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Tort Court Personal Injury Contract 49

At the Lectern

APRIL 12, 2023

Three of the cases resulted in Supreme Court opinions. One of the three CLAY award Supreme Court decisions is Guardianship of Saul H. is also the only one of the three CLAY award Supreme Court cases to also be among the Daily Journal’s “ Top Verdicts of 2022.” 2022) 13 Cal.5th ” In Saul H. , 2022) 13 Cal.5th

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Lawyer Lawyers 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. The Hawai‘i Circuit Court’s decision.

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Court Tort Cause of Action Litigating 85

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…

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Tort Laws Court Rules Court 55

Day on Torts

JUNE 2, 2021

Where plaintiff alleging defamation was a public figure but had pleaded in the complaint that defendants were “negligent and/or reckless in ascertaining the truth” of the statements, the trial court incorrectly granted judgment on the pleadings on the defamation and false light invasion of privacy claims. internal citation omitted).

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Tort Punitive Damages Court Rules Court 52

ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. By Yumeno Grace Nishikawa, LLM*.

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Litigation Litigating Construction Tort 143

JonathanTurley

MARCH 25, 2021

In my torts class, we discuss sports torts and defenses. Last week, a three-justice panel of the Illinois First District Appellate Court in Chicago ruled against MLB and the Cubs in seeking to enforce the boilerplate language on arbitration printed on the back of baseball tickets. Now the Appellate court has agreed.

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Court Rules Tort Court Sports 46

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. Continue reading

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Tort Contract Cause of Action Construction 59

Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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Court Tort Statute Lawyers 59

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. We conclude that the court of appeals got it right.

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Court Rules Court Tort Laws 44

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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Litigating Litigation Court Finance 126

SCOTUSBlog

NOVEMBER 20, 2023

Share The Supreme Court on Monday morning added two additional hours of argument, in cases involving federal funding of health care services for Native Americans and the Armed Career Criminal Act, to its docket for the 2023-24 term. The court designated six cases as bellwether cases.

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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. §

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. Code Ann. § Landry in the certificate, it fails. In Dotson v.

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Tort Statute Cause of Action Court 59

Day on Torts

FEBRUARY 16, 2022

Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. . § internal citation omitted).

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Tort Construction Statute Court 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.

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Tort Construction Court Statute 59

Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. Code Ann. § 28-3-105.) internal citation omitted).

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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 Court pointed out that plaintiff had three lay witnesses and two expert witnesses testify as to causation. The Court of Appeals rejected both arguments.

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Tort Personal Injury Court Rules Court 59

Conflict of Laws

MARCH 17, 2025

I would be really curious to hear whether these or similar cases are also moving courts in other jurisdictions and how courts deal with them. Restitution of Money lost in Illegal Gambling Cases involving the recovery of money lost to illegal online gambling are being heard in courts across Germany and probably across Europe.

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Contract Family Law Laws Manufacturing 45

Day on Torts

DECEMBER 5, 2022

Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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SCOTUSBlog

SEPTEMBER 17, 2021

United States considers constitutional limits to military courts’ jurisdiction over retired servicemembers. Begani was tried and convicted by court-martial. In his petition, Begani asks the Supreme Court to review this decision and to limit military jurisdiction over retirees. In 2011’s AT&T Mobility LLC v. Sundance, Inc.

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Contract Government Tort Court 94

Day on Torts

SEPTEMBER 9, 2022

The trial court eventually granted the motion for summary judgment, agreeing that defendant owed no duty here, and the Court of Appeals affirmed. The Court began its negligence analysis by considering whether defendant owed a duty under the contract.

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Contract Tort Court Rules Statute 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 58

Constitutional Law Reporter

SEPTEMBER 15, 2021

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The District Court ruled that all class members had Article III standing on each of the three statutory claims.

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Day on Torts

FEBRUARY 8, 2022

The trial court denied the motion to dismiss, holding that “Plaintiffs’ claims for medical battery and intentional misrepresentation were based on false statements the Defendants made to [plaintiff] before they established a doctor-patient relationship,” and the Court of Appeals affirmed this “temporal analysis” on interlocutory appeal.

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Tort Court Statute Court Rules 59

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.

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Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. These rulings were reversed and vacated on appeal.

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Tort Statute Attorney Court 59

Day on Torts

MAY 31, 2022

The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. Plaintiff first argued that defendant waived its pre-suit notice argument “by failing to include a Rule 12.02 defense it is answer, by failing to file a Rule 12.02 Code Ann. § internal citations omitted).

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Tort Statute Court Construction 59

Day on Torts

MARCH 12, 2021

Where plaintiff alleged that defendant attorney fraudulently charged a higher hourly rate than what was agreed upon, the trial court should have engaged in a three-factor analysis to determine whether the written fee agreement could be used to defeat the fraud claim. In Vazeen v. M2019-01395-COA-R3-CV (Tenn. internal citation omitted).

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Attorney Court Contract Divorce 59