Texas Supreme Court Will Decide Whether Texas Recognizes A Tortious Interference With Inheritance Claim
In Anderson v. Archer, the trial court’s judgment awarded the plaintiffs $2.5 million in damages based on a tortious interference with inheritance claim. No. 03-13-00790-CV, 2016 Tex. App. LEXIS 2165 (Tex. App.—Austin March 2, 2016, pet. granted). The defendants appealed and argued that Texas law does not recognize such a claim.
The Economic Loss Rule
The emergence and evolution of the economic loss rule is the most important development of the past generation in the American common law of torts.
Commercial Court upholds right of insurer to avoid policy for misrepresentation and non-disclosure
In Dalecroft Properties Ltd v. Underwriters [2017] EWHC 1263 (Comm), Mr. Richard Salter QC (sitting as a Deputy Judge of the High Court) confirmed the defendant insurers’ right to avoid a property insurance policy following various misrepresentations relating to the state of repair of the insured property and non-disclosures relating to acts of vandalism to the property.
Arizona Supreme Court Decides ICWA Transfer Case
The Community did not expressly waive its right to seek transfer; thus, the only waiver here would be implied because the Community did not seek transfer until after parental rights were terminated. However, “[t]o imply a waiver of jurisdiction would be inconsistent with the ICWA objective of encouraging tribal control over custody decisions affecting Indian children
Establishing Best Practices for Stop Data Collection
Few controversies in policing are as fraught as the use of Terry stops—temporary detentions made by officers upon reasonable suspicion of criminal activity, often accompanied by protective pat-down searches known as “frisks.” Studies have shown that racial minorities are disproportionately targeted for Terry stops, raising concerns about profiling and discrimination. Yet many police agencies view Terry stops as a critical tool in their arsenal. A related concern is the use of traffic stops—even on probable cause—to conduct more intrusive searches.
Jurisdiction in the Fourth Restatement of Foreign Relations Law
The essay describes the Fourth Restatement’s division of jurisdiction into the three categories of jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce. It covers the principal developments in each category since publication of the Third Restatement in 1987, including the revival of the presumption against extraterritoriality.
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