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Mexico sues US gun manufacturers in federal court over claims of fueling violence

JURIST

The government of Mexico filed a complaint on Wednesday against eight gun manufacturers, holding companies and distributors, alleging tort claims based on a “deadly flood of military-style and other particularly lethal guns” across the border from the US into Mexico. Notably, that challenge was not based on the Second Amendment.

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Applying Mexican Law in U.S. Courts? Mexico v Smith & Wesson

Conflict of Laws

courts is raising important questions of private international law, in particular as regards the application of Mexican tort law in U.S. First Circuit, Mexico argues that the district court’s application of PLCAA to bar its claims under Mexican tort law was “impermissibly extraterritorial”. On appeal in the U.S.

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In a first for climate nuisance claims, a Hawai‘i State Court allowed Honolulu to proceed with its case against fossil fuel companies

ClimateChange-ClimateLaw

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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Transparency, resentencing and preemption questions

SCOTUSBlog

United States tests whether the First Amendment requires transparency of the Foreign Intelligence Surveillance Court. FISC proceedings are not open to the public, however, and the court rarely publishes its decisions. In October 2016, the ACLU filed a motion seeking access to the court’s opinions and orders from Sept.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

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. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

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.

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Bad Bet: Who Can Gamblers Sue For Losing Money On A Doped Horse?

JonathanTurley

Courts could clearly rule that this is unforeseeable as a consequence, particularly in the negligent use of a rub. Courts are often faced with a reduction in the opportunity of survival or profits. There is a novel comparison that could be drawn to the tort of “loss of chance” in the failure to diagnose diseases.

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