JonathanTurley

DECEMBER 26, 2021

The Christmas Eve order for the New York Times to return confidential legal material from the conservative publication, Project Veritas, has led many to decry the imposition of a “prior restraint” on the media. That issue will be now be addressed in the courts. That issue will be now be addressed in the courts.

Tort 55

Tort Legal Legal Lawyer 55

JonathanTurley

AUGUST 23, 2023

Baldwin’s channeling of Trumpy arguments in court has proven equally successful. As expected, a court has ruled for Baldwin after finding that the sister of the fallen Marine was a limited public figure. I’m just going to say, ‘See you in court.’” That indeed proved to be the winning issue for Baldwin. ’”

Tort 35

Tort Litigation Litigating Court 35

JonathanTurley

SEPTEMBER 10, 2023

Filings in the Delaware Supreme Court this week were made public in the litigation involving Mac Isaac, the owner of the computer repair shop where Hunter Biden abandoned his now infamous laptop. Miranda Devine at the New York Post has a detailed story on the new evidence.

Litigation 67

Litigation Litigating Court Tort 67

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. Again, the court agreed.

Tort 36

Tort Litigation Litigating Manufacturing 36

SCOTUSBlog

JANUARY 6, 2023

Work stoppages at iconic companies like John Deere, The New York Times, and Kellogg’s. That is why the Supreme Court’s decision to review a basic feature of how the law may or may not interfere in work stoppages is noteworthy. The court has recognized only a narrow exception to the preemption doctrine. Share Striketober.

Tort 136

Tort Government Court Litigation 136

ClimateChange-ClimateLaw

MAY 23, 2018

Climate change nuisance litigation is entering a new and dynamic phase. Alsup in the federal district court in San Francisco will hear oral argument on motions to dismiss filed in City of Oakland v. Keenan of the Southern District of New York will hear oral argument on the motions to dismiss filed in City of New York v.

Litigation 52

Litigation Litigating Tort Cause of Action 52

SCOTUSBlog

APRIL 4, 2022

The prosecution moved to dismiss “in the interest of justice” and a New York trial court dismissed the matter. Kavanaugh’s opinion for the court. Kavanaugh began by affirming that precedent from the court and lower courts recognized claims for unreasonable seizure pursuant to legal process under the Fourth Amendment.

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Tort Court Litigation Litigating 110

SCOTUSBlog

FEBRUARY 21, 2024

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law. Zapata Off-Shore Co.

Contract 81

Contract Laws Statute Litigation 81

JonathanTurley

FEBRUARY 5, 2022

Sarah Palin (R) against the New York Times, a lawsuit that could have far reaching implications for defamation law in the United States. The trial concerns an editorial by the New York Times where it sought to paint Palin and other Republicans as inciting the earlier shooting. The editorial was grossly unfair.

Tort 38

Tort Drafting Court Court Rules 38

SCOTUSBlog

DECEMBER 4, 2023

At the Supreme Court on Monday, the justices appeared conflicted over whether to allow a multi-billion-dollar bankruptcy plan for Purdue Pharma to move forward. Monday’s oral argument was the latest chapter in four years’ worth of litigation over the efforts to seek a fresh start in the face of the opioid lawsuits.

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Court Government Litigation Litigating 138

ClimateChange-ClimateLaw

FEBRUARY 23, 2022

Starting in 2017, cities, counties, and states across the United States have filed claims (see here and here ) in state courts against fossil fuel companies seeking redress for the climate harms their products have caused. Many of these cases asserted nuisance and other tort law claims. The Hawai‘i Circuit Court’s decision.

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Court Tort Cause of Action Litigation 81

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some things are happily left out of the courts.

Tort 32

Tort Statute Criminal Law Court 32

SCOTUSBlog

OCTOBER 5, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court has returned from its summer break and gotten down to business. The court agreed to review a dozen petitions from that conference. Several of them are sequels to earlier high court decisions.

Court 107

Court Tort Litigation Litigating 107

The Crime Report

AUGUST 31, 2021

In 2016, the last time Elden recreated the pose as an adult, Elden even t old the New York Post that h e wanted to take the shot naked. Pop star Britney Spears , for example, recently compared her treatment under a court-ordered conservatorship to sex trafficking. not unwitting third parties. Marisa A.

Statute 132

Statute Tort Litigation Litigating 132

SCOTUSBlog

FEBRUARY 23, 2024

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court took care of a lot of relist business at its last conference, denying review in four serially relisted cases, in each instance with separate writings from the justices. The court denied Trevino v.

Tort 104

Tort Court Diligence Laws 104

ClimateChange-ClimateLaw

MARCH 14, 2024

In the first months of 2024, legislators in four states— Maryland , Massachusetts , New York , and Vermont —have pushed for legislation that would collectively require large fossil fuel producers and refiners to pay for hundreds of billions of dollars of state-level climate adaptation infrastructure. Constitution.”

Statute 58

Statute Government Court Laws 58

Conflict of Laws

DECEMBER 6, 2023

Ms Karpik commenced representative proceedings—a class action—in the Federal Court of Australia. The cruise itself departed and returned to Sydney but included time outside of Australia, including in New Zealand. The primary judge refused the stay application, which was then reversed by the Full Court of the Federal Court of Australia.

Contract 71

Contract Laws Court Statute 71

Conflict of Laws

NOVEMBER 3, 2022

But the bonds include a choice-of-law clause designating the law of New York. Does this mean that validity is to be determined under New York law? The debt also includes a choice of law clause providing for the application of foreign law, typically that of New York or England. Variations in Clause Language.

Government 52

Government Drafting Contract Laws 52

Constitutional Law Reporter

JUNE 17, 2022

Supreme Court held that the authority of a court to imply a cause of action under Bivens v. While the Court did not overrule Bivens , it did emphasize that recognizing a Bivens cause of action is “a disfavored judicial activity.”. The District Court declined to extend Bivens as re- quested, but the Court of Appeals reversed.

Cause of Action 52

Cause of Action Court Tort Immigration 52

Paralegal Bootcamp

APRIL 15, 2022

In litigation, for example, in a large firm, as a litigation paralegal , you may perform only discovery tasks whereas, in a small firm, you may be handling case intakes, case management, writing demands, filing lawsuits, performing discovery, legal research, motion practice, and trial practice. That will dictate the “where.”

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Paralegal Paralegals Legal Assistant Legal Assistance 246

JonathanTurley

SEPTEMBER 11, 2021

However, now the New York Times reports that we may have vaporized an innocent person who was loading water rather than munitions into his car. We just discussed such compensation system in my Torts class. ” However, the New York Times interviewed friends and family in Kabul as well as reviewed the tape of the attack.

Tort 47

Tort Government Litigation Litigating 47

JonathanTurley

JULY 12, 2021

Below is my column in the Hill newspaper on the declaration of a gun violence emergency by New York Gov. The centerpiece of Cuomo’s plan is a new law to allow victims of gun violence to sue gun manufacturers under a nuisance theory. It has failed repeatedly in various states, including New York. Andrew Cuomo.

Manufacturing 43

Manufacturing Laws Litigation Litigating 43

SCOTUSBlog

OCTOBER 11, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. NBCUniversal was denied as anticipated , which drew a separate opinion from Justice Clarence Thomas noting that he would be inclined to reconsider New York Times v. From last week’s relists , Blankenship v.

Laws 78

Laws Court Personal Injury Tort 78

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. There is now an important ruling out of the United States Court of Appeals for the Eighth Circuit that could have enormous implications not just for the media but anyone who retweets stories or claims.

Tort 47

Tort Immigration Cause of Action Court Rules 47

ClimateChange-ClimateLaw

NOVEMBER 1, 2016

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. Climate Litigation Chart (Update #92): FEATURED CASE. and non-U.S. Here are the additions to the U.S. Pritzker , Nos.

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Litigation Litigating Attorney Court 40

SCOTUSBlog

MARCH 1, 2022

Share The Supreme Court on Wednesday will consider the continued vitality and expansion of lawsuits for damages against federal officers under Bivens v. Boule told Egbert of a guest who had flown from Turkey to New York the previous day and was flying to Washington and driving to the inn. Six Unknown Named Agents.

Cause of Action 91

Cause of Action Immigration Tort Government 91

SCOTUSBlog

JANUARY 16, 2022

Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Court of Restitution, which, in 1954, declared her the rightful owner of the painting. It eventually travelled to New York and then to Saint Louis, Missouri, where it remained until 1976.

Tort 124

Tort Court Laws Litigation 124

SCOTUSBlog

OCTOBER 27, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This Friday, the Supreme Court will be considering 196 petitions and applications at its conference. This Friday, the Supreme Court will be considering 196 petitions and applications at its conference.

Court 81

Court Laws Tort Litigation 81

JonathanTurley

APRIL 19, 2023

As a legal analyst on Fox News, I have largely refrained from writing about the case. Many of us who teach in the areas of tort and constitutional law were uneasy over the impact of a verdict in light of the Supreme Court’s landmark decision in New York Times v. Sullivan in the 1960s. Dominion brought a $1.6

Tort 36

Tort Constitutional Law Legal Legal 36

JonathanTurley

DECEMBER 19, 2021

Below is my column in the Hill on New York’s latest gun control measure — and the latest challenge to a New York law. What is most striking in reviewing the line of gun cases coming out of New York is that the Empire State has done more for gun rights than any “pro-gun” state.

Manufacturing 28

Manufacturing Laws Litigation Litigating 28

SCOTUSBlog

NOVEMBER 30, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court is still slowly making inroads on the still-sizable number of lingering relists from the end-of-summer “long conference.” The court finally denied review on Nov. 20 in six-time relist E.I.

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Court Litigation Litigating Government 79

JonathanTurley

MAY 6, 2021

Below is my column in The Hill on the Supreme Court’s rejection of the case of a former West Point cadet who was barred from suing over the handling of her alleged rape. The case would have allowed a reconsideration of the Feres Doctrine, one of the most damaging and pernicious doctrines ever created by the Supreme Court.

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Court Tort Litigation Litigating 37

LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. As it launches to the market, Pre/Dicta provides predictions only for motions to dismiss in federal court. All of these factors play into Pre/Dicta’s predictions, the company says.

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Litigation Litigating Attorney Law School 96

JonathanTurley

FEBRUARY 20, 2021

United States District Judge Laura Taylor Swain issued a ruling in New York to apply Virginia’s choice of law standard that in turn applied California’s defamation laws. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

Tort 32

Tort Cause of Action Laws Court 32

JonathanTurley

JANUARY 12, 2022

Florida Southern District Court. Prince Andrew lost a major ruling in his litigation with Virginia Giuffre (née Roberts), who claims that the Duke of York sexually assaulted her as part of the sex trafficking crimes of the late Jeffrey Epstein. According to this logic, any limits on Giuffre died with him.

Court 35

Court Litigation Litigating Tort 35

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. In New York Times v. Sullivan, the Supreme Court held that the first amendment requires breathing space for free speech in criticizing public officials. ” He is now trying his hand with a Virginia jury.

Litigation 35

Litigation Litigating Legal Legal 35

SCOTUSBlog

NOVEMBER 1, 2023

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court did not grant review in any new cases since our last installment. The court did, however, deny review in one case that had been relisted three times – King v. Cargill , Guedes v.

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Court Contract Government Statute 97