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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

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. The trial court denied the motion and ultimately found for plaintiff. In Lowery v.

Tort 59
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Account holders sue PayPal for allegedly withholding account funds

JURIST

Account holders Thursday filed a class action lawsuit against PayPal in the US District Court for the Northern District of California. Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment.

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New York Times Loses Effort to Block Kai Spears Defamation Action

JonathanTurley

We have previously discussed retraction statutes that can limit damages or actions. Here is Alabama’s Section 6-5- 186 “Prerequisites to recovery of vindictive or punitive damages in action for libel. ” The New York Times issued a correction, but not a retraction.

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November 2020 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

Oregon Supreme Court Said Public Trust Doctrine Did Not Impose Obligation to Protect Resources from Climate Change. With respect to the scope of the doctrine, the Supreme Court said the public trust doctrine extends both to the State navigable waters and to the State’s submerged and submersible lands. (A FEATURED CASE. Chernaik v.