Tort reform

Implication of the Alien Tort Claims Act (ATCA) in the case of Khulumani v. Barclay National Bank, Ltd. Adopted in 1789, the Alien Tort Claims Act allowed even those who are not citizens of the United States to bring forth civil suits in U.S. courts for injuries related to violations of a U.S. treaty or international law. The plaintiffs in the case of Khulumani v. Barclay National Bank, Ltd sought damages against a collection of corporations including, but not limited to, BP, General Electric,…

What do you think are the most difficult types of claims for emotional damage to prove (types of lawsuits) and why? I think the most challenging type of tort is defamation of character because you have to prove actual harm. Elements of defamation involve a defamatory statement that is published to someone other than the plaintiff and the defendant. The plaintiff must prove that the defendant made such a statement and that they (the plaintiff) suffered as a result of the defamation such as loss…

chain of causation, the action shall be barred, and the almost unanimous opinion of the authorities is strong evidence that it does not.” Greene v. Guarino, 25 Va. Cir. 162, 166 (1991) (quoting Davis, Plaintiff 's Illegal Act as a Defense in Actions of Tort, 18 Harv. L. Rev. 505, 513)). Rather, when a suicide is the result of a “breach of a specific duty of care owed by the defendant to the person committing suicide . . . the well-settled rule is that liability exists only if the suicide…

The various ways that this case can be analyzed will result in different people arguing different facts dealing with contract law, agency law, and torts. The plaintiff and their lawyer could attack this case from several angles. Ethics will be at the forefront of this case with the how to go about getting justice for Mrs. Spirelli and her child as they were at the wrong place at the wrong time. There isn’t much doubt that if the State/Mr. Spirelli would sue Dr. Benzene and/or Mr. Johnson they…

Syllabus: A statute in the state Kansas make it a misdemeanor for any person participating in “debt adjusting”, with an exception to the practice of law. This statute does not violate the Fourteenth Amendment Due Process Clause since states have the power to enact what they consider injurious practices in commercial and business affairs. The statute is valid as long as the laws do not conflict with specific constitutional rulings and federal law. Procedural History: This case was filed by…

According to Meiners, Ringleb and Edwards (2012), an agency is created when a person or the company’s agent agrees to act for, or in place of, another person or company named as principal. An agent is “the person or firm who is authorized by the principal or by operation of the law to make contracts with third persons on behalf of the principal”. In the case of Yim v. J’s Fashion, Yim never disclosed that a principal was involved with the contract established with J’s Fashion and that he was…

Constructive Eviction and the Implied Warranty of Habitability Steve has several causes of action. This particular jurisdiction recognizes constructive eviction which “occurs when residential rental property is in such disrepair or when a condition exists on the property that makes it extremely impossible or difficult to live there. The property is then said to be “uninhabitable”. (Constructive Eviction, n.d.). Because of implied warranty of habitability that requires landlords to keep their…

Kamara further contends that HSBC’s title is void because the deed was prepared and recorded before Kamara’s motion for the circuit court to reconsider the ratification of the sale was resolved. HSBC, for its part, argues that the title it acquired from the foreclosure sale is a valid enforceable instrument that is only voidable upon a finding of a defect. We agree with HSBC, and hold that the title HSBC acquired from the foreclosure sale was not void. Kamara’s argument that HSBC’s title to…

Fast casual restaurant chain Sweetgreen is facing a class action lawsuit from blind customers and a Washington Lawyers’ Committee for Civil Rights and Urban Affairs (WLC). The lawsuit alleges the company failed to make its online ordering platform accessible to blind customers, thereby violating the Americans With Disabilities Act (ADA). The lawsuit alleges that blind customers had repeatedly lodged formal complaints to Sweetgreen over the past year about the lack of accessibility of its online…

Case: - FutureSelect v. Tremont Group Holdings, Inc., 180 Wash.2d 954, 331 P.3d 29. (2014). This case takes place in the Supreme Court of Washington. This is a state court case. It is a civil case, appealed by the defendants, from the court of appeals decision. The Court of Appeals reversed the trial court’s decision. The Supreme Court affirmed the decision of the Court of Appeals. This case was decided in 2014. Issue: Did the Court of Appeals err in determining that plaintiffs may hold Tremont…