Blackstone Career Institute

JANUARY 24, 2025

Blackstone Career Institute offers a clear pathway for people looking to become certified paralegals through the online Legal Assistant/Paralegal Program and NALA Certification Bundle available for purchase. Paralegals, also called legal assistants, help lawyers do their jobs by preparing for trials, hearings, and proceedings.

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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.

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Tort Statute Government Court Decisions 99

Day on Torts

FEBRUARY 10, 2022

19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. The dispositive issue on appeal was whether the trial court correctly granted the motion to dismiss based on the statute of limitations. In Coffee County v.

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The Crime Report

JUNE 29, 2021

law named the Alien Tort Statute that allows non-U.S. citizens to pursue legal claims over human rights abuses at U.S. CACI had claimed it was protected under derivative sovereign immunity, a legal doctrine that shields government contractors from liability under certain circumstances. and violations outside the U.S.

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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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SCOTUSBlog

JUNE 8, 2023

Jackson explained that two well-established principles prompted the court to reject HHC’s invitation to reimagine the statute and precedent. The sine qua non is incompatibility between Section 1983 enforcement and any enforcement scheme in the statute. First, FNHRA “unambiguously” confers individual federal rights.

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Statute Court Contract Tort 100

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.” Resolving what it said were “apparent conflicts in the Court of Appeal” regarding two issues, the Supreme Court today held in Siry Investment, L.P.

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Day on Torts

NOVEMBER 15, 2022

6) standard, which challenges only the legal sufficiency of the complaint, not the strength of the plaintiff’s proof or evidence, and requires the court to construe the complaint liberally, presuming all factual allegations to be true and giving the plaintiff the benefit of all reasonable inferences.” quoting Tenn. Code Ann. §

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Prima Facie Case Tort Statute Construction 59

LawSites

NOVEMBER 15, 2023

Thomson Reuters today delivered on its promise to integrate generative AI within its flagship legal research platform, introducing AI Assisted Research in Westlaw Precision, available immediately to all U.S. The quality of the process, TR says, comes from Westlaw’s proven and long-established legal research platform.

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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. Rule 56.04

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Statute Tort Court Diligence 59

Day on Torts

JUNE 21, 2022

During the divorce proceedings, defendant allegedly asked plaintiff to sign a written agreement to continue the lease, which plaintiff refused to sign because it was “onerous, high risk, and legally ineffective.” Note: Chapter 22 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Tort Divorce Statute Contract 59

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. See this article by Jim Rossi and J.B. John Kerry, then U.S.

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Day on Torts

JUNE 13, 2022

The Court noted that “the legal questions involved in the absolute litigation privilege are particularly well-suited for disposition on a motion to dismiss so long as the requirements of the rule are met.” Note: Chapter 28, Section 11 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Day on Torts

SEPTEMBER 7, 2022

“To prove negligence at trial, Plaintiff would have to demonstrate that Defendant’s conduct was below the standard of care for a driver exercising reasonable care and that such conduct was the cause in fact and legal cause of the accident and Plaintiff’s injuries.”. This opinion was released three months after oral arguments in this case.

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Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” The TPPA, Tenn.

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

MAY 31, 2022

When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Based on this legal standard, the Court of Appeals agreed that plaintiff did not comply with the HCLA pre-suit notice requirements here. Plaintiff thereafter filed this HCLA suit.

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Tort Statute Court Construction 59

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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Day on Torts

JANUARY 15, 2022

The homeowner appealed arguing that, in limiting her recovery to $3,600, the trial court interpreted the statute too narrowly. Because the trial court properly interpreted the statute, we affirm the trial court’s decision. Seven of the civil cases are tort cases. Code Ann. § 20-12-119(c). Appellants’ Briefs Filed: May 5, 2021.

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Court Tort Statute Lawyers 59

Day on Torts

DECEMBER 14, 2020

The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit. This year, COVID-19 has caused us to abandon the normal and film 15 hours of on-demand legal education. Part 2 of my torts and comparative fault speech includes a free electronic copy of Day, J.A.,

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Tort Family Law Statute Education 52

Day on Torts

DECEMBER 5, 2022

Defendant raised several issues on appeal, the first being his assertion that “the evidence [was] not legally sufficient to support a finding that [plaintiff] acted with ‘due diligence’ and, therefore, her claim for intentional misrepresentation and fraud ‘should have failed.’” months after oral arguments in this case.

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Compensatory Damages Punitive Damages Tort Diligence 59

Constitutional Law Reporter

JANUARY 26, 2023

In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. 223, 228 (1989), a statute does not abrogate sovereign immunity unless Congress’s intent to abrogate is “unmistakably clear” in the statutory text.

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Conflict of Laws

OCTOBER 25, 2023

An Ontology of the In-Between [18th Ernst Rabel Lecture, 2022] [OPEN ACCESS], 433–464, DOI: 10.1628/rabelsz-2023-0063 The conflict of laws can serve heuristically to underscore two established but radically opposing models of modernist legal ordering: multilateralism and statutism.

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Patently O

MARCH 12, 2021

In both of those aspects, claims are not technical descriptions of the disclosed inventions but are legal documents like the descriptions of lands by metes and bounds in a deed which define the area conveyed but do not describe the land. Another example is this passage from Judge Michel’s opinion in Halliburton Energy Services, Inc.

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Day on Torts

DECEMBER 1, 2020

The seminar program is designed for civil trial practitioners who are interested in enhancing their legal knowledge as they earn CLE credit. This year, COVID-19 has caused us to abandon the normal and film 15 hours of on-demand legal education. Part 2 of my torts and comparative fault speech includes a free electronic copy of Day, J.A.,

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JonathanTurley

OCTOBER 6, 2022

Now, the activist with Direct Action Everywhere has filed a police report and is threatening legal action. The Statute of Winchester stated that citizens should “follow them with all the town and the towns near, with hue and cry from town to town until that they be taken and delivered to the sheriff.”

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Felony Misdemeanor Tort Statute 49

Day on Torts

MAY 10, 2022

A duty of care is “the legal obligation owed by defendant to plaintiff to conform to a reasonable person standard of care for the protection against unreasonable risks of harm.” Note: Chapter 29, Section 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Conflict of Laws

DECEMBER 12, 2020

This note focuses on the major legal issues that the Chinese judgment dealt with and attempts to analyse the role of private international law that has played. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Summary of Facts.

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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?

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Laws Tort Contract Court 52

Conflict of Laws

MARCH 23, 2024

It evidently has not stopped claimants from seeking enforcement of punitive damage awards in other civil law legal systems. Rademacher then analysed whether punitive elements could be found in German tort law. She pointed out that although parliament abolished punitive damages in certain areas of law (e.g. Barnard [1964] AC 1129.

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Punitive Damages Compensatory Damages Tort Civil Law 59

Day on Torts

AUGUST 9, 2021

Further, the trial court found that plaintiff had satisfied the elements of fraudulent concealment such that the three-year statute of limitations was tolled and the case was not time-barred. The Court next analyzed defendant’s claim that the conversion case was barred by the statute of limitations. In Pomeroy v. McGinnis , No.

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Divorce Cause of Action Statute Diligence 59

Constitutional Law Reporter

SEPTEMBER 15, 2021

Moreover, the Court has rejected the proposition that “a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right.” Congress may enact legal prohibitions and obligations. the tort of defamation.

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Conflict of Laws

NOVEMBER 14, 2022

By analysing the sole definition of private international law, coordination mechanisms, the concept of legal relativity, connecting rules and factors, transnational cooperation and vertical disciplines in the regional context, prof. It presented three juridical sources in hierarchy: statute, equity and common law.

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Tort Contract Laws Statute 52

The IP Law Blog

MAY 18, 2023

California’s right of publicity statute is Civil Code Section 3344, and it prohibits the use of another’s name, voice, photograph, or likeness on or in products, merchandise, or goods, or for purposes of advertising or selling such products, merchandise, or goods without such person’s prior consent. The first was Midler v. Frito Lay.

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Statute Tort Laws Contract 52

JonathanTurley

OCTOBER 15, 2022

Here is the criminal extortion statute: 18-3-207. Yet, CRS 16-5-401 would seem to set a three-year statute of limitations for extortion cases. If it occurred in 2017, the statute of limitations ran by 2020. The first step would often be a demand for retraction from Breitbart under a state retraction statute.

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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.

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Real Estate Statute Court Tort 52

Conflict of Laws

MAY 18, 2023

On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill. Noteworthy is the detail in which the UK Supreme Court discusses the authorities on the tort of nuisance under the heading ‘4.

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ClimateChange-ClimateLaw

MAY 23, 2018

There are eight other climate change tort cases pending: six alleging nuisance and a variety of other state common law violations in California courts, one claiming state public nuisance along with other state common law and statutory violations in Colorado, and one claiming state public nuisance and trespass in Washington.

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