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

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. On appeal, the trial court was reversed.

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Tort Compensatory Damages Court Rules Court 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. Jensen had a gun at the scene and Officer Spece knew of his condition.

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Punitive Damages Tort Court Laws 197

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 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

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 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

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

SCOTUSBlog

OCTOBER 13, 2022

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week’s update on the cases that the Supreme Court has newly relisted will be short: There aren’t any new relists. Gorsuch said he hoped the court would overturn those cases soon in “an appropriate case.”

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Tort Construction Court Felony 99

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

JURIST

MARCH 24, 2022

The District Court of The Hague Wednesday rejected a suit brought by four Nigerian widows against oil giant Shell for allegedly helping corrupt witnesses testifying against their late husbands, who were executed in 1995 by the Nigerian government following protests against Shell’s exploitation of the Niger Delta. In 2009, a $15.5

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Court Tort Court Rules Government 104

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

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.

Court Rules 49

Court Rules Court Tort Laws 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

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

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 56

At the Lectern

JUNE 13, 2024

Yesterday’s Supreme Court conference dealt with an unusually large number of cases, even for the double conference that it was. The court granted review in Hohenshelt v. Superior Court , an employment retaliation case that was headed to arbitration until the defendant employer delayed paying fees to the arbitration provider.

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Court Tort Drafting Court Rules 49

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. If this section is fulfilled and immunity is removed, courts considering a GTLA suit “proceed to another step in their analysis,” considering the public duty doctrine. In Lawson v. 29-20-205[.]”

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Tort Cause of Action Statute Court 59

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

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 38

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.

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Court Rules Punitive Damages Court Government 48

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 Lawyer 59

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 Litigation 82

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. citing Tenn. Code Ann. § 20-17-106 and Nandigam Neurology, PLC v. 3d 651 (Tenn.

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Tort Statute Attorney Litigation 59

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.

Contract 52

Contract Tort Court Rules Statute 52

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

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

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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.

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Tort Court Rules Government Court 59

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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Compensatory Damages Punitive Damages Tort Diligence 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

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Code Ann. § internal citation and quotations omitted).

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Construction Tort Statute Attorney 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.

Tort 59

Tort Statute Cause of Action Court 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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Tort Statute Diligence Contract 59

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

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

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 Court Rules 59

Day on Torts

OCTOBER 24, 2022

The trial court granted the motion, finding that defendant had absolute immunity, and the Court of Appeals affirmed. Looking to the facts of this case, the Court noted that defendant’s salary was paid by UT and that she was obligated by her job with UT to help provide coverage at Erlanger.

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