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 Court next turned to whether summary judgment was appropriate under the Recreational Use Statutes.

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Statute Tort Construction Court 59

Gravel2Gavel

JUNE 22, 2021

The federal government depends on the service of thousands of Administrative Law Judges (ALJs), most of whom are appointed or selected by the head of an agency or internal agency boards.

Tort 59

Tort Statute Administrative Law Court 59

SCOTUSBlog

JANUARY 9, 2022

Marstiller presents a straightforward question of statutory interpretation, addressing whether a state Medicaid program can take funds a Medicaid beneficiary receives in a tort settlement from a third party that injured the beneficiary. The federal government (which administers the Medicaid program) strongly supports that position.

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Tort Statute Government Court Decisions 104

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.

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Tort Statute Contract Technology 99

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.

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Statute Tort Depositions Court 59

SCOTUSBlog

DECEMBER 3, 2023

Bankruptcy and its special powers are being used to compensate for what some court filings call the “ failure ” of tort litigation to efficiently and fully resolve all pending claims. Although the statute formally allows for only pre-trial consolidation, 99% of cases consolidated into MDL settle. Trustee argues is different.

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Litigation Litigating Tort Statute 118

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.” This case is fairly fact specific, but it is a reminder that a plaintiff cannot change the gravamen of a complaint simply by labeling it as a tort case.

Tort 59

Tort Contract Court Administrative Law 59

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent.

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Statute Court Contract Tort 102

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.

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Tort Court Statute Court Decisions 75

Day on Torts

AUGUST 2, 2021

Multiple other calls were made between 911, various government agencies, and the electric company, although the director of the Emergency Management Agency did not arrive on the scene until 3:07 a.m. This would perversely incentivize government, should it commit a negligent act, to commit worse forms of negligence so as to remain immune.

Tort 59

Tort Cause of Action Statute Court 59

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 116

Statute Law Firms Law Firm Government 116

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 50

Tort Litigating Litigation Construction 50

JonathanTurley

OCTOBER 31, 2021

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. A tort action for intentional infliction of emotional distress is likely to fail. See Pennsylvania General Assembly Statute §7102.

Tort 52

Tort Litigating Litigation Construction 52

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.

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Court Statute Cause of Action Contract 98

SCOTUSBlog

SEPTEMBER 17, 2022

A federal court in California convicted Hansen of multiple counts of fraud, as well as convincing two of his customers to overstay their visas and participate in his adoption program in violation of the encourage-or-induce statute. Hansen appealed to the U.S. Court of Appeals for the 9th Circuit. In United States v.

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Immigration Statute Government Tort 80

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. Thyssen-Bornemisza National Museum).

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Tort Court Laws Litigation 128

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 Litigation 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.

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Prima Facie Case Tort Statute Construction 59

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.

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Cause of Action Statute Tort Court 64

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

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Tort Personal Injury Government Lawyer 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. Share The Supreme Court heard argument on Monday in LeDure v. Union Pacific Railroad Company. Scott Ballenger arguing for Union Pacific Railroad.

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Statute Tort Government Court 98

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). This opinion was released 1.5

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

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

FEBRUARY 21, 2024

The parties disputed the enforcement of that contract because application of Pennsylvania law (favored by the customer Raiders Retreat Realty) would expose the insurer (Great Lakes Insurance) to a tort action not available under New York law.

Contract 114

Contract Laws Statute Litigation 114

Day on Torts

OCTOBER 3, 2022

Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. Note: Chapter 28, Sections 12 and 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. This ruling was affirmed in part and reversed in part on appeal. The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Conflict of Laws

OCTOBER 29, 2021

Thus, the general rule of the place of tort applies equally to corporations and private individuals. [1] First , internal affairs of corporations tend to be excluded by the various international statutes aiming to harmonise the applicable law rules. [3] These are the situations involving claims between the corporate actors (i.e.

Government 40

Government Laws Contract Litigation 40

SCOTUSBlog

OCTOBER 5, 2023

Sylvia Gonzalez, a newly elected Texas city council member elected on an anti-corruption platform was arrested after her first meeting for “intentionally … conceal[ing] … a government record,” for allegedly taking a petition her supporters had presented to the mayor seeking the removal of a city manager. du Pont de Nemours & Co.

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Tort Court Litigation Litigating 133

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. § This opinion was released 4.5

Construction 52

Construction Tort Statute Court 52

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 Court Rules 59

Day on Torts

MAY 3, 2022

That statute removes sovereign immunity for non-negligent acts or omissions of a deputy sheriff if, at the time of the injury, the deputy sheriff is acting by virtue of or under the color of the office. Note: Chapter 41, Sections 5 and 18 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Cause of Action Court Statute 59

JonathanTurley

NOVEMBER 21, 2021

It evolved into a common-law tort to address a broader range of “interests of the community at large—interests that were recognized as rights of the general public entitled to protection,” in the words of the American Law Institute’s Second Restatement of Torts (1965-79). The latest decision follows a California trial judge’s Nov.

Tort 45

Tort Litigation Litigating Manufacturing 45

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). Statutory interpretation, and characterisation, are necessarily intertwined.

Manufacturing 69

Manufacturing Court Statute Laws 69

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

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. What does it mean to act reasonably in a changing climate? John Kerry, then U.S.

Lawyer 129

Lawyer Lawyers Law Firms Law Firm 129

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 ). For me, the case is most significant for its approach to choice of law.

Contract 72

Contract Laws Court Statute 72

Conflict of Laws

OCTOBER 23, 2023

Statute has left little of the common law untouched. The Interaction between a Mandatory Law and an Exclusive Jurisdiction Clause Statutes generally fall into one of three categories (see Maria Hook, ‘The “Statutist Trap” and Subject-Matter Jurisdiction’ (2017) 13(2) Journal of Private International Law 435).

Laws 59

Laws Contract Statute Construction 59