JonathanTurley

OCTOBER 30, 2022

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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Tort Litigation Litigating Manufacturing 35

JURIST

NOVEMBER 10, 2022

Specifically, the court will determine whether attorney-client privilege covers communications involving both legal and non-legal advice when the communication was created for the purpose of obtaining legal advice. If so, the tort claim must be litigated before the National Labor Relations Board, not a state court.

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Court Tort Immigration Attorney 190

ClimateChange-ClimateLaw

APRIL 8, 2022

This post examines the reform and highlights the important changes it introduces to the Italian legal system. The post also illustrates the positive impact the reform is likely to have on climate litigation initiatives in Italy. Rights-based climate litigation has been increasing substantially in recent years.

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Litigation Litigating Government Legal 96

JonathanTurley

AUGUST 23, 2023

Roice responded correctly that “protesting is perfectly legal in the country and I’ve already had my sit down with the FBI. Your activities resulted in the unlawful destruction of government property, the death of a law enforcement officer, an assault on the certification of the presidential election. Thanks, have a nice day!”

Tort 35

Tort Litigation Litigating Court 35

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. However, there are still some notable additions that raise more legal frights. The next scary moment is likely to be in the form of a torts complaint.

Tort 36

Tort Litigation Litigating Manufacturing 36

Blackstone Career Institute

JANUARY 5, 2024

4 Facts to Know About Becoming a Legal Nurse Consultant Are you a registered nurse (RN) who wants to have more flexibility and control over your life? Consider using your clinical training and experience as an RN to expand your expertise by becoming a legal nurse consultant (LNC). Why Choose a Career as a Legal Nurse Consultant?

Legal 52

Legal Legal Healthcare Education 52

Conflict of Laws

JANUARY 21, 2021

From the publisher’ site : About Climate Change Litigation. This book investigates and discusses the respective issues arising in the current discourse on climate protection from different legal perspectives (including international law, European law and national public and civil law). Climate change litigation in Brazil (Wedy).

Litigation 52

Litigation Litigating Tort Civil Law 52

SCOTUSBlog

JANUARY 6, 2023

The Washington Supreme Court dismissed the case, finding that it wasn’t appropriate to apply state tort law to a labor dispute covered by a federal law, the National Labor Relations Act. To avoid the constitutional question, Glacier argues that the court must find a way to allow its tort lawsuit to be considered.

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Tort Government Court Litigation 136

ClimateChange-ClimateLaw

DECEMBER 6, 2022

Over the past five years, there has been significant growth in litigation aimed at holding fossil fuel companies accountable for their contributions to climate change. By Jessica Wentz. In the U.S., Read the full article >>

Tort 52

Tort Litigation Litigating Depositions 52

ClimateChange-ClimateLaw

JULY 21, 2023

On July 21, 2023, the Sabin Center launched its latest report, Modelling Climate Litigation Risk for (Re)Insurers. However, alongside physical risks, companies face a rising tide of climate change-related litigation. The economic impact of climate litigation can be enormous.

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Litigation Litigating Finance Tort 97

JonathanTurley

AUGUST 8, 2023

The college then prolonged the litigation, virtually forcing the family into insolvency. Oberlin President Carmen Twillie Ambar and the Board needlessly spent millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery.

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Litigation Litigating Punitive Damages Tort 40

SCOTUSBlog

APRIL 4, 2022

Larry Thompson was charged with resisting arrest and obstructing a government investigation when he attempted to stop police from entering his apartment in response to a false call about child abuse. The elements of the constitutional claim match those of the tort. Background. Kavanaugh’s opinion for the court.

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Tort Court Litigation Litigating 110

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. In any event, the U.S.

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Court Tort Litigation Litigating 139

ClimateChange-ClimateLaw

JUNE 16, 2021

Over the last year Brazil has seen numerous innovative climate litigation claims filed that have questioned the country’s climate policies and general effects of activities on climate change. (I The Amazon rainforest, the country’s not-so-secret weapon to mitigate climate change, features prominently in the litigation. Climate Damage.

Tort 52

Tort Litigation Litigating Government 52

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

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Prima Facie Case Tort Statute Construction 59

ClimateChange-ClimateLaw

MARCH 21, 2022

The Court found that the relationship relied on between the youth plaintiffs and the Minister lacked the closeness and directness that the common law demands before finding an applicant is entitled to a legal remedy against a party whose conduct has caused or may cause them harm. Background on the claim. Background on the claim.

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Litigation Litigating Court Personal Injury 40

LawSites

APRIL 27, 2022

Founded in 2014 with an original focus on litigation and personal injury law, the company has been steadily expanding its platform into other areas of law practice — including larger firms, insurance defense, corporate legal, and government — and it plans to use this funding to further fuel that expansion.

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Personal Injury Law Firm Law Firms Tort 78

Day on Torts

OCTOBER 31, 2022

25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn.

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Tort Statute Attorney Court 59

Legal Research is Easy

SEPTEMBER 3, 2020

Of course, this is probably why states around the country have enacted things like Tort Claims Acts which are written in favor of government entities and whose sole purpose is to limit liability and protect government employees and the departments they work for.

Tort 52

Tort Personal Injury Government Lawyer 52

JonathanTurley

OCTOBER 5, 2023

I have been writing for years about the deepening legal problems associated with the biting of secret service agents and others at the White House by the Biden dogs. ” That would not wash legally. Since the White House is a government facility, the taxpayers could be liable under the Federal Tort Claims Act.

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Tort Legal Legal Government 42

ClimateChange-ClimateLaw

MAY 8, 2024

And that has implications for tort law, contract law, and property law, because it is less clear in many ways how basic legal principles such as negligence, foreseeability, force majeure, and reasonableness will apply to particular problems. See this article by Jim Rossi and J.B. LSEW adopted a similar resolution in 2021.

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Lawyer Lawyers Law Firm Law Firms 122

SCOTUSBlog

JUNE 8, 2023

Gorgi Talevski’s family brought a Section 1983 action against Valparaiso Care and Rehabilitation, a government nursing facility owned by Health and Hospital Corp. Government enforcement and administrative remedies may suffice, as will a “centralized review mechanism” that would be undermined by piecemeal individual litigation.

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Statute Court Contract Tort 95

JonathanTurley

APRIL 14, 2022

Depp and Heard were married for just over a year but have already spent three times than that in litigation. It is a curious defense because it is not a legal defense. Most of us recognize the value of a higher standard to protect citizens in criticizing government officials.

Litigation 35

Litigation Litigating Legal Legal 35

JonathanTurley

NOVEMBER 21, 2021

Below is my column in the Wall Street Journal on the ongoing opioid litigation and an important ruling out of the Oklahoma Supreme Court. ” The Oklahoma Supreme Court last week struck down a $465 million opioid award against Johnson & Johnson based on a legal theory that has previously been tried and failed against guns.

Tort 34

Tort Litigation Litigating Manufacturing 34

Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.” . § 20-17-101 et seq.,

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

ClimateChange-ClimateLaw

JUNE 26, 2023

On March 9, 2023, the Japanese Supreme Court refused to hear the first climate change litigation brought before it without specifying substantive reasons. Background information about the general climate context and litigation in Japan is available in a previous blog post. Citizens’ Committee on the Kobe Coal-Fired Power Plant v.

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Court Construction Litigation Litigating 108

SCOTUSBlog

DECEMBER 4, 2023

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. Representing the federal government, Deputy Solicitor General Curtis Gannon told the justices that the releases for the Sacklers go beyond what Section 1123(b)(6) allows.

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Court Government Litigation Litigating 138

Conflict of Laws

MAY 26, 2021

As was briefly announced earlier on this blog , on 29 January 2021, the Dutch Court of Appeal in The Hague gave a ruling in a long-standing litigation launched by four Nigerian farmers and the Dutch Milieudefensie. Climate change and related human rights litigation is undoubtedly of increasing importance in private international law.

Litigation 52

Litigation Litigating Laws Court 52

LawSites

DECEMBER 4, 2023

Help pick the 15 legal tech startups that will get to compete at the eighth-annual Startup Alley at ABA TECHSHOW 2024. VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents.

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Document Review Court Reporting Metadata Court Reporter 126

Conflict of Laws

FEBRUARY 10, 2023

It uses as a touchstone the classical debate on the nature of legal personhood, which was moribund for a time but has recently experienced an unexpected renaissance. 1 Rome II Regulation, the law applicable to torts is the law of the state in which the damage occurred. Zheng Sophia TANG: Smart Courts in Cross-Border Litigation, pp.

Technology 52

Technology Litigation Litigating Divorce 52

SCOTUSBlog

OCTOBER 10, 2021

Of the several claims in the lawsuit, the one at issue is against Clark for an unreasonable seizure pursuant to legal process (analogous to the common law tort of malicious prosecution) under the Fourth Amendment. Because the tort claim required favorable termination, so must the parallel Section 1983 claim. Relying on the U.S.

Tort 97

Tort Litigation Litigating Court 97

Conflict of Laws

JANUARY 30, 2024

The paper also examines the effects of foreign adoption decrees, suggesting that recognition should cover the legal parent-child relationship and the termination of the pre-existing relationship, but not parental responsibility. The decision is the first to recognize a corporate duty to mitigate climate change under tort law.

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Laws Divorce Legal Legal 58

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. Unbeknownst to the Cassirer family or the German government, the Pissarro was not lost. That question turned on whether California law or Spanish law governed. The full painting. 1605(a)(3) ).

Tort 124

Tort Court Laws Litigation 124

Conflict of Laws

JANUARY 27, 2021

112 ff of the 2019 Study requested by the DROI committee (European Parliament) on Access to Legal Remedies for Victims of Corporate Human Rights Abuses in Third Countries.). A welcome but not unique initiative (Comparison with the UN draft Treaty). Neither Article 6a of Rome II nor the proposal for an EU Directive are isolated initiatives.

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Tort Drafting Legal Legal 40

Conflict of Laws

NOVEMBER 3, 2022

Governments with no realistic prospect of paying their debts often gamble for redemption, trying desperately to avoid default. Instead, the Maduro government gambled. The story of the PDVSA 2020 bonds is a common one in government debt markets. A government borrows money in dodgy ways or at a time of financial distress.

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Government Drafting Contract Laws 52

SCOTUSBlog

FEBRUARY 23, 2024

Hodges ,” in which the court held that the 14th Amendment protects the right of same-sex couples to marry, “that Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be ‘labeled as bigots and treated as such’ by the government.” The court denied Trevino v. Palmer without comment.

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Tort Court Diligence Laws 104

Conflict of Laws

APRIL 12, 2023

Indeed, Article 21 of the law provides that when a treaty to which China is a party differs from the law, the terms of the treaty shall govern. China was sued in federal court for nonpayment of bonds issued by the Imperial Government of China in 1911, did not appear to defend, and suffered a default judgment.

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Drafting Laws Tort Government 52