SCOTUSBlog

JUNE 17, 2021

The justices left open for another day the question of whether the federal law at the heart of the case allows lawsuits against U.S. 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.

Tort 144

Tort Statute Finance Court 144

SCOTUSBlog

MAY 3, 2021

Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it. The justices asked the federal government to provide its views in two cases.

Government 108

Government Tort Court Manufacturing 108

SCOTUSBlog

JUNE 8, 2023

FNHRA, a law enacted under Congress’s spending clause powers, requires nursing facilities participating in Medicare and Medicaid to “protect and promote the rights of each resident” as a condition of receiving funds. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute.

Statute 98

Statute Court Contract Tort 98

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. Often, when the parties are from different jurisdictions, they select a neutral forum and its law.

Contract 84

Contract Laws Statute Litigation 84

Conflict of Laws

DECEMBER 6, 2023

She asserted claims in tort and under the Australian Consumer Law ( ACL ) in schedule 2 to the Competition and Consumer Act 2010 (Cth) ( CCA ) against companies behind the ship: Carnival plc and its subsidiary, Princess Cruise Lines Ltd (together, Princess ).

Contract 72

Contract Laws Court Statute 72

Conflict of Laws

OCTOBER 23, 2023

Passengers, Australian and non-Australian, want relief under the Australian Consumer Law ( ACL ). They commence representative proceedings alleging breaches of consumer law, and negligence in the Federal Court of Australia. Statute has left little of the common law untouched.

Laws 59

Laws Contract Statute Construction 59

The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. 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

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. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

NOVEMBER 15, 2022

The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. The TPPA, a relatively new statute, continues to be more defined as additional cases are litigated and appealed thereunder.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Day on Torts

JUNE 15, 2022

After looking to the contract and the statutes at issue here, the Court of Appeals reasoned: Having closely reviewed the State’s contract with the City of Kingsport, we find nothing in the contract or in §§ 54-5-201 and -203 that authorizes the State to delegate its responsibilities under § 9-8-307(a)(1)(I).

Contract 52

Contract Tort Statute Government 52

Day on Torts

JANUARY 25, 2022

Where plaintiff wife failed to give written notice of her loss of consortium claim against the State of Tennessee to the Division of Claims and Risk Management, dismissal of her claim was affirmed, despite the fact that her complaint was filed with the Claims Commission within the statute of limitations. In Kampmeyer v. State , No.

Tort 52

Tort Statute Court Laws 52

Conflict of Laws

DECEMBER 19, 2023

More generally, the judgment provides a useful analysis of the interrelationship between statutory interpretation and choice of law, and lends weight to the proposition that product liability is properly governed by the law of the place of supply (or injury).

Manufacturing 69

Manufacturing Court Statute Laws 69

Day on Torts

OCTOBER 3, 2022

Although Tennessee had no case law on this issue, the Court noted that other states have interpreted their own similar laws to mean that “neighborhoods are often considered to constitute communities and implicate matters of ‘public interest’ or ‘public concern’ in the context of anti-SLAPP litigation.” Code Ann. § 20-17-101 et seq.,

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

SCOTUSBlog

NOVEMBER 11, 2022

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

Court 88

Court Statute Cause of Action Contract 88

Legal Research is Easy

SEPTEMBER 3, 2020

Good thing that there was a law librarian nearby who could witness her acrobatics and then blog at out it to the world. As it turns out, South Carolina, where Young Lady happened to trip and tear up her knees, has it's own Torts Claim Act called, not surprisingly, the South Carolina Tort Claims Act under § 15-78-10.

Tort 52

Tort Personal Injury Government Lawyer 52

Day on Torts

FEBRUARY 22, 2022

Plaintiff initially sued the Metropolitan Government of Nashville and Davidson County (Metro) for damage to his property, which ended in summary judgment for Metro based on sovereign immunity. 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

SCOTUSBlog

SEPTEMBER 17, 2022

Sineneng-Smith , the justices reversed a circuit-court decision that struck down a federal law criminalizing the act of “encourag[ing] or induc[ing]” noncitizens to enter or remain in the United States for financial gain. Helaman Hansen ran an immigration-advising service called Americans Helping America Chamber of Commerce.

Immigration 80

Immigration Statute Government Tort 80

Day on Torts

OCTOBER 11, 2022

The trial court granted summary judgment under this statute, finding that plaintiff could not prove liability due to these exceptions, and review of this issue was waived on appeal. The statute at the core of the appeal was Tenn. internal citation omitted). Code Ann. § Click on the link to see the book’s Table of Contents.

Construction 52

Construction Tort Statute Court 52

Conflict of Laws

JANUARY 12, 2021

The third issue of the Journal of Private International Law for 2020 features the following articles: M Teo, “Public law adjudication, international uniformity and the foreign act of state doctrine” Should courts, when applying foreign law, assess the validity or legality of foreign legislative or executive acts therein?

Laws 52

Laws Tort Contract Court 52

Day on Torts

DECEMBER 30, 2020

Where plaintiff knew her husband was killed in a car accident with a firefighter but did not know all the details regarding how the accident occurred, the one-year statute of limitations began to run on the day of the crash and her GTLA suit that was filed more than one year after the accident was untimely. In Durham v.

Cause of Action 64

Cause of Action Statute Tort Court 64

SCOTUSBlog

JANUARY 16, 2022

Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. In 1992, he worked with the Spanish government to establish the Thyssen-Bornemisza Collection, a museum in Madrid. That question turned on whether California law or Spanish law governed. The full painting. 1605(a)(3) ).

Tort 124

Tort Court Laws Litigation 124

Day on Torts

OCTOBER 24, 2022

Note: Chapter 98, Section 4 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.

Tort 45

Tort Contract Court Statute 45

SCOTUSBlog

JANUARY 11, 2022

It will also add to the court’s precedent on the interaction between the law of equity and the technicalities of federal statutes. Partly because of the circuit split and partly because of the statute’s lack of clarity, this could be a close case. Department of Veterans Affairs. How can the presumption be rebutted?

Statute 87

Statute Law Firm Law Firms Government 87

ClimateChange-ClimateLaw

MAY 8, 2024

Lawyers, bar associations, and law societies have an important but not fully recognized role to play in achieving the net zero goal in the Paris Agreement. Climate Change as an Increasingly Common Feature of Law Practice Climate change is no longer an issue of concern only to environmental and energy lawyers. John Kerry, then U.S.

Lawyer 119

Lawyer Lawyers Law Firm Law Firms 119

Day on Torts

MAY 3, 2022

Here, plaintiff alleged that law enforcement knew her husband was violent, that he threatened to kill her in front of law enforcement, that he was being actively investigated for burning her car, and that despite this knowledge, Investigator Rosson failed to follow up on the multiple death threats made by husband towards plaintiff.

Tort 59

Tort Cause of Action Court Statute 59

Conflict of Laws

DECEMBER 12, 2020

—What Role has Private International Law Played? By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Email: zhengxinh@cupl.edu.cn. Summary of Facts.

Laws 98

Laws Court Contract Legal 98

Day on Torts

FEBRUARY 8, 2022

Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. Click on the link to see the book’s Table of Contents.

Tort 59

Tort Court Statute Laws 59

JonathanTurley

NOVEMBER 21, 2021

The company and the Oklahoma justices are right on the law. Public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” Yet the torts system has an elaborate and well-functioning system of product liability.

Tort 34

Tort Litigation Litigating Manufacturing 34

Conflict of Laws

FEBRUARY 15, 2023

Besides, Spanish courts had jurisdiction because Spain was the place of the domicile of the defendant and the claim was one of unjust enrichment – i.e. a claim in tort –, not one whose subject matter was the existence or scope of a right in rem over a real estate asset.

Real Estate 52

Real Estate Statute Court Tort 52

SCOTUSBlog

MARCH 30, 2022

The case involves the Locomotive Inspection Act , a federal statute that requires railroads to regularly inspect and implement safety measures for their locomotives. Chief Justice John Roberts, however, immediately expressed skepticism about the claimed relationship between the safety laws. Union Pacific Railroad Company.

Statute 90

Statute Tort Government Court 90

SCOTUSBlog

OCTOBER 5, 2023

Ferguson involves a First Amendment challenge to Washington state’s law prohibiting “conversion therapy,” the practice of seeking to change a gay or transgender person’s sexual orientation or gender identity through counseling. Court of Appeals for the 9th Circuit rejected that claim. Four years ago, the Supreme Court held in Nieves v.

Court 112

Court Tort Litigation Litigating 112

LettersBlogatory

AUGUST 23, 2021

1605(a)(3), which creates an exception to foreign sovereign immunity when the case concerns “rights in property taken in violation of international law.” ” France has an administrative claims process for victims of the Nazis and the Vichy government. The law seems clear, to me at least.

Cause of Action 52

Cause of Action Statute Tort Court 52

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 Manufacturing 35

Conflict of Laws

JANUARY 10, 2022

Julia H örnle, Professor of Internet Law, CCLS, Queen Mary University of London [1]. By contrast, courts in California and Canada have found a contractual jurisdiction and applicable law clause invalid as a matter of public policy in order to allow a class action privacy claim to proceed against Facebook. [6]

Tort 75

Tort Litigation Litigating Finance 75

JonathanTurley

JANUARY 29, 2022

We discussed today another free speech controversy at University of Illinois (Urbana Champaign) over the student government seeking to bar former Attorney General Jeff Sessions from campus. COUNT II Violation of University of Illinois Statutes. Kilborn wrote a Civil Procedure exam based on an employment discrimination hypothetical.

Laws 33

Laws Law School Education Construction 33

At the Lectern

JULY 6, 2023

Responding to questions asked by the Ninth Circuit about California law, the court’s unanimous opinion by Justice Carol Corrigan precludes an action alleging a construction worker’s wife contracted COVID from her husband due to his employer’s failure to abide by government health orders at the beginning of the pandemic.

Cause of Action 45

Cause of Action Tort Court Construction 45

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. 47 U.S.C. § Craigslist, Inc. ,

Tort 33

Tort Court Compensatory Damages Punitive Damages 33