The recent passage of Toxic Substance Control Act (TSCA) reform will incentivize the plaintiffs bar to bring more toxic
tort suits against chemical manufacturers.
On the other hand, Goldsmith's logic might permit alien
tort suits against U.S. corporations — which ironically includes five of the six signatories of his brief.
Second, it could bar traditional alien
tort suits against individual torturers and genocidaires.
Although this plaintiff failed at the motion to dismiss stage, we should remember that
tort suits against the government are always tricky, given the limits imposed by sovereign immunity.
If your injury was caused by the negligent or reckless conduct of the driver of the tractor trailer, whether in driving or in loading and securing the cargo, you can file a regular
tort suit against that individual, and his or her employer.
Not exact matches
If you truly do not recognize the Const!tution as being the Supreme Law that governs your physical life here in this country, then you have some options, like giving up your Citizenship and moving to a different country, or staying here and refusing to follow the law — in which case we can bring a
tort action or other civil
suit against you, file criminal charges
against you, or have you committed to a psychiatric hospital.
In that case, the Supreme Court will be considering the controversial decision of the Second Circuit Court of Appeals, which ruled that the Alien
Tort Statute (which allows lawsuits in U.S. courts for violations of international law) does not create a legal basis for such
suits against corporations.
Lipanovich, A., 2005: Smoke before oil: Modeling a
suit against the auto and oil industry on the tobacco
tort litigation is feasible.
Our team has worked with US federal, state and local government agencies to defend
against governmental enforcement actions and citizen
suits, response cost litigation, indemnification claims, toxic
tort class actions, imminent and substantial endangerment litigation, and criminal environmental claims.
L. 1 (2002)(examining the procedural advantages to Alien
Tort Statute
suits against corporations within domestic courts); see Student Author, Civil Procedure — Pleading Requirements — Eleventh Circuit Dismisses Alien
Tort Statute Claims
against Coca - Cola under Iqbal's Plausibility Pleading Standard, 123 Harv.
Through
tort law, the injured pedestrian may be able to win compensation by launching a law
suit against the person who hit him.
Hundreds of current and former residents of Montgomery and Bucks counties in Pennsylvania have filed personal injury
suits which have been added to a mass
tort against six firefighting foam manufacturers.
In a private security contractor's defamation
suit against the U.S. involving an allegedly defamatory email, the Norfolk U.S. District Court dismisses the
suit because the plaintiff contractor failed to exhaust administrative remedies as required by the Federal
Tort Claims Act.
The FTCA does not bar
suits for breach of contract, does not bar
suits for injunctive or declaratory relief, and does not bar
suits against government employees for money damages for intentionally violating someone's civil rights (even though some union contract indemnify and defend government employees for civil rights violations, in practice, converting
tort liability of an individual into contractual liability of the United States government).
Not infrequently, an employee or agent who actually committed a
tort (e.g. causing a car crash) can be sued in addition to a
suit against the United States government under the FTCA.
The reason that they nonetheless face a collective action problem in the context of small, traditional
tort suits featuring individual fact patterns (slip - and - fall cases are good examples) is that they are being sued by many different trial lawyers (each of whom may only have one case pending
against a particular defendant at one time) who are themselves each suing many different corporate defendants.
Last month, in «We Won't See You in Court: The Era of
Tort Lawsuits Is Waning,» the Wall Street Journal took a look at the decline in tort lawsuit filings and the reasons fueling the decline, citing «state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.&ra
Tort Lawsuits Is Waning,» the Wall Street Journal took a look at the decline in
tort lawsuit filings and the reasons fueling the decline, citing «state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.&ra
tort lawsuit filings and the reasons fueling the decline, citing «state restrictions on litigation, the increasing cost of bringing
suits, improved auto safety, and a long campaign by businesses to turn public opinion
against plaintiffs and their lawyers.»
For example, the United States Department of Justice is required by law to defend
tort suits brought
against certain covered entities; in such circumstances, however, the United States, and not the individual covered entity, is the client and is potentially liable.
A
suit whose claim in
tort is prest Upon a mangled tree's behest; A tree whose battered trunk was prest
Against a Chevy's crumpled crest; A tree that faces each new day With bark and limb in disarray; A tree that may forever bear A lasting need for tender care.
Insurance Commissioner Jim Donelon weighed in on Louisiana's comparatively high auto insurance rates on Monday (Feb. 17), noting a recent landmark
suit filed by the East Bank levee board
against oil and gas companies will help further a wider push to revisit
tort reform during this year's legislative session.