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 challenged statute, N.C. The court stated that the law substantially “burden[ed] newsgathering and publishing activities.”

Compensatory Damages 230

Compensatory Damages Statute Court Tort 230

Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Plaintiff’s initial complaint listed several intentional torts, but his amended complaint removed the referral to any specific torts and instead alleged liability more generally. In Anderson v.

Statute 59

Statute Tort Court Government 59

Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v. Code Ann. §

Tort 59

Tort Court Compensatory Damages Punitive Damages 59

Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59

Statute Court Tort Healthcare 59

SCOTUSBlog

JANUARY 11, 2022

The statute takes a different approach, though, when a third party caused the injury and so is legally responsible to pay the beneficiary’s expenses. In that case, the state is supposed to “seek reimbursement” from the third party; the statute (in 42 U.S.C.

Tort 114

Tort Statute Legal Legal 114

Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

Statute 59

Statute Tort Cause of Action Diligence 59

JURIST

SEPTEMBER 29, 2021

The US Court of Appeals for the Eleventh Circuit rejected a lawsuit against Google, Facebook and Twitter on Monday, concerning the 2016 Pulse Nightclub shooting in Orlando. The first was that the companies violated anti-terrorism statute 18 U.S.C. §§ 2333(a) & (d)(2). The plaintiffs made two arguments.

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Statute Court Tort Legal 207

SCOTUSBlog

JUNE 6, 2022

Share The Supreme Court on Monday resolved a narrow question of statutory interpretation under the Medicaid Act and expanded the ability of states to recoup health care costs from accident victims. Florida’s statute includes a formula that allocates $300,000 to past and future medical expenses. The case, Gallardo v.

Tort 111

Tort Statute Court 111

Day on Torts

AUGUST 10, 2022

Where defendant governmental entity did not own the park where plaintiff was injured, and plaintiff was attending a concert in the park when she fell, summary judgment based on both the GTLA and Recreational Use Statute was affirmed. The trial court agreed, granting the motion, and summary judgment was affirmed on appeal. In Costner v.

Statute 59

Statute Tort Construction Court 59

SCOTUSBlog

OCTOBER 16, 2024

Share The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana, caused him to fail a routine drug test.

Personal Injury 106

Personal Injury Court Personal Injury Lawyer Tort 106

Day on Torts

MARCH 24, 2022

Where plaintiff filed a products liability claim based on a hip replacement device she had received, but her hip replacement occurred more than ten years before her suit was filed, dismissal based on the statute of repose was affirmed. The statute of repose for products liability cases is a hard line with very limited exceptions.

Statute 59

Statute Tort Manufacturing Court 59

Gravel2Gavel

JUNE 22, 2021

SUPREME COURT. The Court of Appeals for the Federal Circuit invalidated their appointments and thereby jeopardized hundreds of pending patent claim judgments. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. Continue Reading ›.

Statute 59

Statute Tort Administrative Law Court 59

Day on Torts

NOVEMBER 4, 2021

First, the Claims Commissioner ruled that the claim was “barred by § 70-7-102(a) of Tennessee’s Recreational Use Statute, which protects landowners, including the State of Tennessee, from responsibility for injury to recreational visitors.” In Victory v. State , No. M2020-01610-COA-R3-CV (Tenn. internal citation omitted).

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Statute Tort Depositions Court 59

JURIST

JUNE 15, 2024

The lawsuit was filed in 2008 under the Alien Tort Statute , which allows foreign citizens to bring lawsuits in US federal courts for serious violations of international law. CACI contended that the plaintiffs had their day in court and that the evidence did not support a verdict against CACI.

Tort 99

Tort Statute Contract Technology 99

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.”

Tort 106

Tort Construction Court Felony 106

Day on Torts

SEPTEMBER 22, 2021

Although plaintiff labeled his complaint as a tort claim, the gravamen of the complaint was a dispute over “the amount, time and manner of payment of plaintiff’s pension plan benefits.” 4-5-322, which grants exclusive jurisdiction of such reviews to the Chancery Court. The Court also looked at Tenn. Code Ann. § Code Ann. §

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Tort Contract Administrative Law Court 59

SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The court then applied its long-standing two-step analysis to conclude that FNHRA is enforceable through Section 1983. First, FNHRA “unambiguously” confers individual federal rights.

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Statute Court Contract Tort 101

At the Lectern

JULY 21, 2022

Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P. Superior Court (2021) 64 Cal.App.5th 5th 549, review granted September 1, 2021, S269608.” ” (See here.).

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Statute Tort Contract Court 49

SCOTUSBlog

JUNE 17, 2021

Share The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts for serious violations of international law. Court of Appeals for the 9th Circuit reinstated it.

Tort 144

Tort Statute Finance Court 144

The Crime Report

JUNE 29, 2021

Supreme Court on Monday declined to hear the appeal of CACI International Inc., CACI was appealing a lower court decision that favored the Iraqi men in 2019. law named the Alien Tort Statute that allows non-U.S. The Supreme Court in 2013 narrowed the Alien Tort Statute to cover conduct that occurred in the U.S.

Tort 75

Tort Court Statute Court Decisions 75

JURIST

JULY 31, 2023

The Supreme Court of Pakistan in the case titled Habib Ullah Energy Limited and another v. In fact, Article 212 (b) of the Constitution, which makes it imperative for the Parliament to establish administrative courts or tribunals to adjudicate the tortious claims arising from governmental actions, remains unfulfilled.

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Tort Statute Legal Legal 197

JURIST

FEBRUARY 14, 2021

As there are no laws in Mali to aid the plaintiffs in seeking damages or civil remedies against foreign exporters, they brought their claims under US law, specifically the Trafficking Victims Protection Reauthorization Act and the Alien Torts Statute. The defendant companies are Barry Callebaut, Cargill, Hershey, Mars, Mondel?z,

Tort 239

Tort Statute Legal Legal 239

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

DECEMBER 3, 2023

Share Purdue Pharma’s bankruptcy deal, which will reach the Supreme Court for oral argument on Monday , is just one of many examples of recent unorthodox civil procedure maneuvers in public harms litigation. But can bankruptcy court solve a public health crisis? The opioid MDL came under scrutiny, including by the U.S.

Litigation 98

Litigation Litigating Tort Statute 98

Day on Torts

FEBRUARY 3, 2022

Where the trial court did not provide sufficient reasoning in support of its dismissal of plaintiffs’ various HCLA and informed consent claims, summary judgment for defendants was vacated. Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Gibson , No.

Statute 59

Statute Tort Court Diligence 59

Day on Torts

JANUARY 11, 2022

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

Prima Facie Case 59

Prima Facie Case Legal Legal Tort 59

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. Hawkins County, TN , No.

Tort 59

Tort Cause of Action Statute Court 59

SCOTUSBlog

NOVEMBER 11, 2022

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins centered the fundamental error in the court’s precedent allowing individuals to enforce spending clause enactments through Section 1983. of Marion County v.

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Court Statute Cause of Action Contract 90

JonathanTurley

OCTOBER 30, 2022

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.

Tort 35

Tort Litigation Litigating Construction 35

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. In Simpkins v. John Maher Builders, Inc. ,

Tort 59

Tort Statute Diligence Contract 59

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. Plaintiff appealed the TPPA dismissal from that June 24 th order. 3d 651 (Tenn.

Tort 59

Tort Statute Attorney Litigation 59

Day on Torts

NOVEMBER 15, 2022

The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis. The Court of Appeals quoted Tenn. internal citations omitted). 20-17-105(a)(b); additional citation omitted). internal citation omitted).

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 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).

Tort 59

Tort Construction Statute Court 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. Conversion is subject to a three-year statute of limitations. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

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.

Court 49

Court Tort Drafting Court Rules 49

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

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

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Tort Punitive Damages Personal Injury Compensatory Damages 36