Law 360

NOVEMBER 1, 2024

Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. The Ninth Circuit's Doe v. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.

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Day on Torts

OCTOBER 18, 2024

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.

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Law 360

MARCH 23, 2023

The Florida Senate on Thursday passed a sweeping tort reform bill that changes the comparative negligence standards for jury verdicts, cuts the statute of limitations for injury cases in half, and eliminates one-way attorney fees and fee multipliers for all lines of insurance, sending the bill to Gov.

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Day on Torts

OCTOBER 18, 2024

A third complaint filed more than one year after dismissal of the original complaint did not fall within the savings statute and was time barred. 23, 2024), plaintiff filed a complaint alleging several tort claims, including assault, battery, and trespass. Defendant filed a motion to dismiss based on the statute of limitations.

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Law 360

JUNE 6, 2024

Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

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JonathanTurley

OCTOBER 27, 2024

However, as a torts professor, there is a question of whether the tort element of proximate cause could be materially changed in the case. Torts professors are already lining up to argue that there is a proximate cause under existing doctrines to hold the firearms industry. The Court has accepted the review on two questions: 1.

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LPB Network

JUNE 17, 2021

The plaintiffs brought claims under the Alien Tort Statute (ATS) against two American companies—Nestlé USA and Cargill—that “purchase, process, and sell cocoa. Today the Supreme Court issued its decision in Nestlé USA, Inc. Doe (covered earlier here). They did.

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SCOTUSBlog

JUNE 17, 2021

The plaintiffs relied on the Alien Tort Statute, an 18th-century law that permits foreigners to bring lawsuits in U.S. courts to apply the Alien Tort Statute outside the United States, where U.S. courts for serious violations of international law. laws normally do not apply. That is a good thing,” Gorsuch reasoned.

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SCOTUSBlog

OCTOBER 13, 2022

United States , the 1950 Supreme Court case holding that the United States is not liable under the Federal Tort Claims Act for injuries sustained by members of the armed forces while on active duty and resulting from the negligence of others in the armed forces. United States. The case involves the so-called Feres doctrine, after Feres v.

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JURIST

JULY 31, 2023

There is no parliamentary statute, like the Crown Proceedings Act 1947 in the UK and Federal Torts Claims Act 1946 in the USA, that provides citizens the right to pursue tortious remedies against the government, nor is there any clear precedent set by the superior courts of the country that establishes the same.

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Day on Torts

MARCH 3, 2023

Where plaintiff’s claims against defendant county were based on intentional torts, a one-year statute of limitations applied. Plaintiff’s initial complaint listed several intentional torts, but his amended complaint removed the referral to any specific torts and instead alleged liability more generally. In Anderson v.

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Day on Torts

NOVEMBER 7, 2022

Where a patient left the hospital with known pressure ulcers and no wound treatment plan, the statute of limitations for his HCLA (health care liability act, formerly known as medical malpractice) claim related to those skin wounds began to run on the day he was discharged from the hospital. In Jackson v. This ruling was affirmed on appeal.

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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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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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Day on Torts

MAY 24, 2022

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn.

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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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Gravel2Gavel

JUNE 22, 2021

by Anthony B. What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. SUPREME COURT.

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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.

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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.

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Day on Torts

MAY 12, 2023

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

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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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SCOTUSBlog

OCTOBER 16, 2024

The text of the civil RICO statute, the companies argued at the Supreme Court, unlike its criminal counterpart, plainly requires a plaintiff to be “injured in his business or property.” And Horn’s position, Kavanaugh warned, would create “a dramatic, really radical shift in how tort suits are brought throughout the United States.”

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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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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. The men filed their lawsuit in 2008 under the 1789 U.S.

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JonathanTurley

OCTOBER 23, 2021

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

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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.”

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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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Day on Torts

AUGUST 2, 2021

Pursuant to the language of the statute, the trial court had held that plaintiffs’ claims could not proceed because they were based on allegations of reckless conduct. Excluding heightened forms of negligence from falling within the GTLA would not make sense under the statute or from a public policy perspective. internal citation).

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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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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.

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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.

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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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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. §

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Law 360

JUNE 17, 2021

The Supreme Court ruled in favor of Nestle and Cargill on Monday in a lawsuit claiming the chocolate makers aided and abetted child slavery on African cocoa farms, reversing a ruling that allowed the claims to proceed under the Alien Tort Statute.

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Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. Conversion is subject to a three-year statute of limitations. Code Ann. §

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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.

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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.

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