Day on Torts

FEBRUARY 10, 2022

Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”

Legal 59

Legal Legal Tort Statute 59

Day on Torts

FEBRUARY 3, 2022

The trial court stated that “a reasonable person exercising reasonable diligence with the knowledge Plaintiff had and the position of Plaintiff would know that radiation was a treatment option for her cancer,” but the Court of Appeals wrote that it was “perplexed by this rationale.” This opinion was released 2.5

Statute 59

Statute Tort Court Diligence 59

LawSites

OCTOBER 3, 2023

The product is designed to work well for any type of civil litigation firm, from personal injury to mass torts and class actions, and to be simple to use right out of the box, Caindec said. Their team made the transition easy by working diligently on planning, onboarding, and training.

Case Management 116

Case Management Litigating Litigation Calendaring 116

JonathanTurley

OCTOBER 25, 2021

468 (1852): “When carriers undertake to convey persons by the powerful but dangerous agency of steam, public policy and safety require that they be held to the greatest possible care and diligence. ” This personal injury was, of course, to a pedestrian but would certainly constitute a “gross” tort. 33, 164 S.E.

Personal Injury 57

Personal Injury Tort Diligence Depositions 57

The Cloud Court Blog

AUGUST 19, 2022

It’s no secret that some bad attorneys pursue their cases without diligence. 30, 2020 (“In a typical tort litigation setting, the plaintiff may indeed have private information about the damages she has suffered while the defendant may have private information about his liability for the accident. What kind of data? The good news?

Litigation 52

Litigation Litigating Attorney Diligence 52

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn.

Statute 59

Statute Cause of Action Diligence Court Rules 59

SCOTUSBlog

JANUARY 11, 2022

In Kwai Fun Wong , which involved a claim under the Federal Tort Claims Act, the Justice Elena Kagan wrote for the majority that to the extent the FTCA was special, it cut in favor of equitable tolling.

Statute 87

Statute Law Firm Law Firms Government 87

Day on Torts

AUGUST 9, 2021

In general, when the property converted is a negotiable instrument, the damage is done, and the tort is complete when the instrument is negotiated, regardless of the plaintiff’s ignorance of the conversion.” Conversion of a negotiable instrument is subject to a three-year statute of limitations pursuant to Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

Conflict of Laws

MAY 26, 2021

Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. Also there is a growing body of doctrinal work on human right violations in other countries, corporate social responsibility, due diligence and the intricacies of private international law, as a quick search on the present blog also indicates.

Litigating 52

Litigating Litigation Laws Court 52

Conflict of Laws

JUNE 7, 2022

This post is an abridged adaptation of my recent article, Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications in the Journal of Private International Law. Muir-Watt (ibid) 386).

Tort 75

Tort Litigating Litigation Legal 75

SCOTUSBlog

FEBRUARY 23, 2024

Willett also argued that the case would be foreclosed by Claiborne Hardware , and that the 5th Circuit panel decision would have imposed tort liability on protest leaders ranging from the Founding-Era Sons of Liberty to Martin Luther King. We should know more soon. Tune in next week when I’m proven wrong. Until next time!

Tort 105

Tort Court Diligence Laws 105

Conflict of Laws

APRIL 12, 2023

If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. More specifically, the NGOs request that BNP publishes and implements a new due diligence plan, containing the measures explained in the writ of summons.

Finance 40

Finance Diligence Laws Court 40

Conflict of Laws

AUGUST 1, 2024

She first introduced the background: the EU recently enacted the Corporate Sustainability Due Diligence Directive (CS3D), which establishes due diligence responsibilities and civil consequences for violations of such obligations. Then he elaborated on several aspects of GLO, including group registers, case management, and costs.

Law School 45

Law School Laws Diligence Tort 45

ClimateChange-ClimateLaw

APRIL 8, 2022

A violation of the duty of care for all the above government bodies towards their citizens was therefore recognized and framed as a lack of prudence and diligence in light of Article 1382 of the Belgian Civil Code, which serves as general clause for non-contractual liability.

Litigating 100

Litigating Litigation Government Legal 100

Conflict of Laws

JANUARY 27, 2021

7 Rome II (environmental torts) is one of the main de lege ferenda suggestions I considered in my PhD dissertation ( Private International Environmental Litigation before EU Courts: Choice of Law as a Tool of Environmental Global Governance , Université Catholique de Louvain & Universidad de Granada, 2017. Should the insertion of Art.

Tort 40

Tort Drafting Legal Legal 40

Conflict of Laws

AUGUST 15, 2024

The book is particularly notable for its observation—citing Professor Robert McCorquodale—that FDL claims intersect with various fields of law, such as domestic criminal law, tort law, contract law, human rights and constitutional law, comparative law, public international law, and private international law.

Tort 64

Tort Litigating Litigation Court 64

Conflict of Laws

AUGUST 3, 2023

The EU Sustainability Directive and Jurisdiction The Draft for a Corporate Sustainable Due Diligence Directive currently contains no rules on jurisdiction. Sommerfeld ) The Proposal for a Directive on Corporate Sustainability Due Diligence The process towards an EU Corporate Sustainability Due Diligence Directive is gaining momentum.

Drafting 52

Drafting Diligence Procedural Law Court 52

JonathanTurley

JANUARY 26, 2024

When I was reviewing the investment I was going to make, I did it in — as part of my diligence on evaluating that transaction. I — you know, but I did diligence on the assets. Q But at some point, you were aware of the different types of projects that the Chinese National fund was investing in? A Oh, well, yeah. A I think.

Lawyers 81

Lawyers Lawyer Litigation Litigating 81

JonathanTurley

JANUARY 19, 2022

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 has previously discussed the danger to both free speech and the free press is the imposition of tort liability for political or social commentary. Reader’s Digest Association , 443 U.S.

Laws 34

Laws Tort Court Diligence 34

ClimateChange-ClimateLaw

JULY 2, 2021

The Court found that despite being aware of the certain risk of dangerous climate change to the country’s population, the authorities failed to take necessary action, meaning that they failed to act with prudence and diligence under Article 1382 of the Civil Code.

Court 49

Court Statute Litigation Litigating 49

ClimateChange-ClimateLaw

APRIL 9, 2021

The amicus briefs were filed by American Petroleum Institute, National Association of Manufacturers, the Chamber of Congress of the United States of America, and 18 states, led by Indiana.

Court 122

Court Statute Litigation Litigating 122