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.

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Statute Tort Manufacturing Court 59

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.

Statute 59

Statute Tort Construction 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.

Statute 59

Statute Tort Depositions Court 59

JURIST

JUNE 15, 2024

Judge Leonie Brinkema granted the plaintiffs’ motion for a new trial and denied CACI’s motion for judgment as a matter of law. 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.

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Tort Statute Contract Technology 99

Gravel2Gavel

JUNE 22, 2021

environmental and administrative law cases recently decided. The Congress may by law, “vest the appointment of.inferior officers.in 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

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.

Litigation 114

Litigation Litigating Tort Statute 114

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 109

Contract Laws Statute Litigation 109

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.” After plaintiff appealed the decision, an Administrative Law Judge determined that plaintiff was in fact entitled to benefits from defendant.

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Tort Contract Court Administrative Law 59

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.

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Statute Court Contract Tort 101

SCOTUSBlog

APRIL 25, 2025

Konan to determine whether the Federal Tort Claims Act provision exempting claims arising from the loss or miscarriage of letters or postal matter extends to claims that the Post Office deliberately refused to deliver mail to an address. The Supreme Court made short work of two of last weeks first-time relists. Relisted after the Jan.

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Court Government Tort Laws 81

The Crime Report

JUNE 29, 2021

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. The three plaintiffs, all Iraqi citizens, said they were detained at Abu Ghraib and released without charge. and violations outside the U.S.

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Tort Court Statute Court Decisions 75

LawSites

NOVEMBER 15, 2023

It also previewed its coming integration of Casetext CoCounsel as an AI legal assistant across multiple TR products, including Westlaw Precision, Practical Law, Document Intelligence, and HighQ. In traditional legal research, the user enters a query and gets a response in the form of a long list of cases, statutes and other resources.

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Legal Research Legal Assistance Legal Assistant Laws 138

Blackstone Career Institute

JANUARY 24, 2025

All types of law offices, including prosecutors, defense attorneys, marital, occupational, and moreemploy paralegals to conduct critical aspects of their work. The program will prepare you for an entry-level position as a legal assistant in a number of areas of law.

Paralegals 52

Paralegals Paralegal Legal Assistance Legal Assistant 52

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.

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Prima Facie Case Legal Legal Tort 59

At the Lectern

JULY 21, 2022

.” The court added that if the remedies it approves “are problematic as a matter of policy, the Legislature can be expected to amend the statute accordingly.”

Statute 49

Statute Tort Contract Court 49

Law 360

JUNE 1, 2021

Monsanto, the bellwether trial of a cancer case involving the herbicide Roundup, underscores that state tort statutes may provide a better defense than preemption in some cases, say Thomas Manakides and Joseph Edmonds at Gibson Dunn. The Ninth Circuit's recent refusal to recognize a federal preemption defense in Hardeman v.

Tort 52

Tort Statute Laws 52

Conflict of Laws

DECEMBER 12, 2021

The XXIInd volume of the Yearbook of Private International Law (2020/2021) has been released. It contains articles on the most important innovations in multilateral and national private international law by authors from all over the world. Thanks to Ilaria Pretelli for the tip-off. . add to this already rich volume.

Laws 52

Laws Divorce Tort Statute 52

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. , 28-3-105.)

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Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 16, 2022

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. Accordingly, Goodall could only be liable if it “undertook a duty to maintain or warn about a dangerous condition on the sidewalk beyond the four-year statute of repose.” Code Ann. §

Tort 59

Tort Construction Statute Court 59

Day on Torts

FEBRUARY 3, 2022

Defendant filed a motion to dismiss, asserting that plaintiff failed to file her complaint within the three-year statute of repose. Defendant filed a new motion to dismiss, asserting that plaintiffs’ various informed consent claims were barred by either the statute of repose or the statute of limitations.

Statute 59

Statute Tort Court Diligence 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

FEBRUARY 10, 2022

The trial court noted that “the facts regarding [defendant attorney’s] agreement to bifurcate damages were referenced in various motions leading up to the entry of final judgment,” and accordingly dismissed the action based on the statute of limitations. On appeal, dismissal was affirmed.

Legal 59

Legal Legal Tort 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

NOVEMBER 17, 2022

On appeal, dismissal of the trespass claim was vacated due to the trial court applying the wrong intent standard to the tort of trespass. Note: Chapter 104, Section 1 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 Statute Court Litigation 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 112

Statute Law Firms Law Firm Government 112

Day on Torts

JUNE 21, 2022

The Court reasoned: Tennessee law has made clear that possession is not sufficient to establish a conversion, defiance of the true owner’s rights must be alleged. Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. internal citation omitted).

Tort 59

Tort Divorce Statute Contract 59

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

JUNE 13, 2022

The Court noted that the “issue of whether [defendant’s] statements were relevant or pertinent to the declaratory judgment action is a question of law, as is the ultimate question of whether the absolute litigation privilege applies.” internal citation omitted). Click on the link to see the book’s Table of Contents.

Litigation 59

Litigation Litigating Tort Divorce 59

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.

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Lawyer Lawyers Law Firms Law Firm 129

Day on Torts

OCTOBER 18, 2022

Note: Chapter 41, Section 8 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.

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Tort Statute Court Laws 59

Day on Torts

DECEMBER 8, 2022

is subject to limitations contained in certain other rules of civil procedure and some statutes, as well as the implied exception invoked when the allowance of a voluntary dismissal would deprive defendant of a “vested right.” internal citation omitted). Rule 41.01 internal citation omitted). internal citation omitted). exceptions in general.

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Tort Statute Attorney Court 59

Day on Torts

FEBRUARY 22, 2022

Note: Chapter 82, Section 1 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 59

Tort Construction Depositions Statute 59

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

Day on Torts

SEPTEMBER 7, 2022

Note: Chapter 73, Section 6 and Chapter 106, Section 1 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.

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Tort Depositions Court Statute 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

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

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.

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Immigration Statute Government Tort 78