Day on Torts

SEPTEMBER 7, 2022

During plaintiff’s deposition, he stated that defendant had “done what she had to do” and “acknowledged that he did not think she had done anything wrong.” Defendant filed a motion for summary judgment, citing plaintiff’s own deposition as evidence. Defendant was allegedly injured during the accident and filed this negligence suit.

Tort 59

Tort Depositions Court Statute 59

ClimateChange-ClimateLaw

DECEMBER 6, 2022

dozens of state and municipal governments have filed tort and consumer protection lawsuits seeking equitable relief as well as financial compensation from fossil fuel companies to help cover adaptation costs. In the U.S., Claims about climate disinformation are at the heart of these cases.

Tort 52

Tort Litigating Litigation Depositions 52

Day on Torts

FEBRUARY 22, 2022

In support of its motion, the State pointed to deposition testimony that the structure in question was “funky,” was not something the State would have used at any point, and was available to consumers. Note: Chapter 82, Section 1 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Construction Depositions Statute 59

The Cloud Court Blog

MARCH 6, 2023

Cloud Court analyzes historical testimony to accelerate knowledge transfer, improve witness preparation and deposition performance. Presently, those latent insights in witness testimony are rarely leveraged by law firms and corporations at scale.

eDiscovery 52

eDiscovery Depositions Litigating Litigation 52

Day on Torts

NOVEMBER 4, 2021

Plaintiffs also cited a park ranger’s deposition wherein he “agreed that the photos [taken by the grandparents] showed a ‘hazardous’ and ‘dangerous’ condition,” and plaintiffs alleged that “the condition was particularly egregious given that the playground’s purpose is to provide a place for children to play.”. internal citation omitted).

Statute 59

Statute Tort Depositions Court 59

Day on Torts

MARCH 4, 2022

There was deposition testimony from a police officer stating that it likely would have taken police around nine minutes to respond to a call, but plaintiff failed to cite to that evidence in his response to defendant’s motion for summary judgment. This opinion was released one month after oral arguments in this case.

Tort 59

Tort Depositions Court Statute 59

Day on Torts

OCTOBER 3, 2022

Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Day on Torts: Leading Cases in Tennessee Tort Law contains summaries of leading cases on over 500 topics and citations to more than 1500 additional cases.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

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.

Tort 59

Tort Depositions Court Sports 59

Day on Torts

SEPTEMBER 9, 2022

The contract incorporated the terms of the SCES Manual, and looking at those two documents plus the deposition testimony from witnesses, the Court found that trees of a certain size and trees located beyond the 10-foot right of way were to be removed “at the sole discretion of SCES or SCES Project Representative.”

Contract 52

Contract Tort Court Rules Statute 52

LawTechnologyToday

MARCH 19, 2021

Whether litigation is local or nationwide, we use these systems to track trial dates, discovery deadlines, depositions and court appearances and to present them in calendars or reports — thus ensuring no date or deadline “slips through the cracks.”. In litigation (and life), being organized often leads to better outcomes.

Technology 120

Technology Litigating Litigation Case Management 120

Paralegal Bootcamp

JULY 24, 2023

As a litigation paralegal, you will spend a majority of your typical workday writing one thing or another, such as: Pleadings Motions Briefs Affidavits Discovery requests Discovery responses Subpoenas Witness statements Deposition summaries Medical records summaries Case summaries Legal research memos The list goes on and on and on.

Paralegals 130

Paralegals Paralegal Litigating Litigation 130

JonathanTurley

JUNE 30, 2021

agreed not to charge Cosby in return for his civil deposition. The elements of that tort are (1) the individual was prosecuted without probable cause by law enforcement officers, (2) the prosecution occurred with malice, or recklessness to the lack of probable cause, and (3) the prosecution ultimately terminated in favor of the accused.

Tort 62

Tort Depositions Laws Statute 62

JonathanTurley

OCTOBER 25, 2021

” This personal injury was, of course, to a pedestrian but would certainly constitute a “gross” tort. ” As for exclusivity of control, the waste was certainly in the control of various third parties but was deposited in the exclusive control of the airline. In Chesapeake Ferry Co v. Cummings , 158 Va.

Personal Injury 56

Personal Injury Tort Diligence Depositions 56

Day on Torts

MAY 10, 2022

Defendant’s representative] testified in her deposition that, between January 10 and January 31, [defendant] monitored the mobile home park and did not see either [the son] or [the dog] return to Lot 31, nor did [defendant] receive any reports that [the dog] had been on the premises during that time period. This opinion was released 2.5

Tort 52

Tort Construction Depositions Court 52

LawSites

NOVEMBER 15, 2023

” Requests for analytics, such as “Which law firm has the most torts cases in 2023 so far?” Questions about particular documents, such as “Does the Jones v. Smith case include a situation with a supervisor as a defendant?” ” Commands to execute certain tasks, such as “Email me the Jones v.

Legal Research 138

Legal Research Legal Assistant Legal Assistance Laws 138

JonathanTurley

MARCH 12, 2022

Regents of University of California , which I teach in my torts class. Indeed, this lawsuit may be an effort to force the Laundrie family into discovery and depositions to force out what they knew about the murder. This is different from a situation where the parents knew information that would have prevented a death.

Tort 44

Tort Legal Legal Depositions 44

JonathanTurley

NOVEMBER 23, 2021

That means that this professor is likely to be called as a witness in depositions and any trial if the case survives a motion to dismiss. What is most notable is that some of these allegations involve third parties, including a professor who was allegedly encouraged to reject the two Does for the fellowships.

Cause of Action 50

Cause of Action Laws Law School Tort 50

Fordham Law News

NOVEMBER 15, 2021

11] “’General intangible’ means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and old, gas, or other minerals before extraction.” 28, 2021), [link]. [9]

Finance 52

Finance Depositions Drafting Legal 52

Day on Torts

AUGUST 9, 2021

Defendant signed both his own name and plaintiff’s name on the check, then deposited the proceeds into a joint account he shared with his then wife. In 2012, defendant submitted a form surrendering the annuity, and a check was made payable to plaintiff and defendant. Code Ann. § 47-3-118(g). “In internal citation omitted).

Divorce 59

Divorce Cause of Action Statute Diligence 59

Conflict of Laws

JUNE 26, 2022

Is the answer different if the defendant relies on the fact that the first contract was not a contract of sale but a contract of deposit?

Contract 52

Contract Litigating Litigation Tort 52

JonathanTurley

APRIL 21, 2022

Depp used a common approach to depositions in drawing out questions and giving hyper technical, nitpicking answers to counsel. Depp did likely cause damage to Heard in his graphic accounts of uncontrolled rage, but now he will be subjected to cross examination. That does not work well in front of a jury.

Litigating 43

Litigating Litigation Depositions Court 43

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. Note that this is not a finding of actual malice but it will allow the Project to plunge into discovery, including depositions, and possible a trial. Here is the opinion: Project Veritas v.

Tort 87

Tort Litigating Litigation Court 87

SCOTUSBlog

OCTOBER 11, 2023

To ensure timely payment of property taxes and insurance premiums, many mortgage lenders require borrowers to deposit money into escrow accounts, which often carry a significant positive balance. ” (relisted after the Sept. 26 and Oct. 6 conferences) King v. relisted after the Sept. 26 and Oct. 6 conferences) Stein v.

Laws 97

Laws Personal Injury Court Tort 97

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 Litigating Litigation Construction 59

LawSites

DECEMBER 4, 2023

Target customer: Lexamica works with all sizes of law firms from large plaintiff firms in single event mass torts to solos who need access to a trustworthy network of peers to refer cases to. There is a well-documented court reporter shortage, 35% shortage by the end of 2023, that is restricting the taking of depositions.

Document Review 135

Document Review Court Reporting Metadata Court Reporter 135

LawTechnologyToday

FEBRUARY 28, 2023

I grabbed my torts outline from law school and a copy of all relevant cases. This is true whether we are meeting with a new client, conducting a deposition, trying a case or keeping up with the latest case law. The first week after graduation our then-senior partner sent me to my first motion hearing.

Law School 98

Law School Laws Personal Injury Education 98

JonathanTurley

AUGUST 3, 2021

Andrew Cuomo is looking as years of litigation, including depositions as not just a sinner but a virtual predator. In addition to sexual harassment claims, women could bring tort actions over assault and infliction of emotional distress. Once again, the viability of such actions will depend on the statute of limitations.

Statute 59

Statute Tort Litigating Litigation 59

JonathanTurley

JANUARY 26, 2024

As discussed below, those concerns were magnified by Morris’s recent deposition where he seemed to struggle to separate matters falling under his roles as friend, donor, investor, and lawyer. In the end, we are left with more questions than answers, even after Morris’s long deposition. Rule 1.8.5(b)

Lawyer 80

Lawyer Lawyers Litigating Litigation 80

JonathanTurley

APRIL 27, 2021

If they are able to get into discovery, the Project could seek depositions with Twitter and CNN officials — a prospect neither company would relish. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press.

Tort 59

Tort Lawyer Lawyers Depositions 59

JonathanTurley

NOVEMBER 29, 2020

The complaint includes eight claims that range from violations to the Foreign Intelligence Surveillance Act (FISA), Federal Tort Claims Act, a Bivens claim, and Privacy Act. FIFTH CAUSE OF ACTION FEDERAL TORT CLAIMS ACT (Against Defendant United States of America). SIXTH CAUSE OF ACTION BIVENS CLAIM (Against All Individual Defendants).

Cause of Action 44

Cause of Action Tort Attorney Depositions 44

JonathanTurley

OCTOBER 2, 2024

AliKahn noted that “At her fifth deposition, Ms. Hutchinson discussed a line of questioning from her first deposition about the January 6 incident in the Presidential limousine,” AliKhan wrote. The allegation against Passantino would not only constitute criminal conduct but also unethical professional conduct.

Legal 72

Legal Legal Depositions Court 72

JonathanTurley

DECEMBER 3, 2023

I have previously written about the continuing questions over the inclusion of the public figures with public officials in tort actions. In another communication, Hutchinson expressed doubt about Passantino’s media strategy to wait until after her deposition. Stefan wants to wait till after my depo.

Depositions 85

Depositions Tort Court Immigration 85

JonathanTurley

FEBRUARY 1, 2021

As a threshold point, Weaver may not want a lawsuit that would open himself up to discovery and particularly depositions. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The question is whether the Lincoln Project could be sued by Weaver.

Tort 55

Tort Litigating Litigation Depositions 55