Constitutional Law Reporter

SEPTEMBER 10, 2021

By a vote of 8-1, the Court held that to plead facts sufficient to support a domestic application of the Alien Tort Statute, 28 U.S.C. Respondents’ suit failed for another reason, which does not require parsing allegations about where conduct occurred: We cannot create a cause of action that would let them sue petitioners.

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Tort Statute Court Cause of Action 59

Constitutional Law Reporter

SEPTEMBER 15, 2021

The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations. And Congress may create causes of action for plaintiffs to sue defendants who violate those legal prohibitions or obligations. But under Article III, an injury in law is not an injury in fact.

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Court Cause of Action Tort Punitive Damages 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.”. In Egbert v. Boule , 596 U.S. _ (2022), the U.S. Border Patrol agent. Border Patrol agent.

Cause of Action 52

Cause of Action Court Tort Immigration 52

JonathanTurley

SEPTEMBER 9, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. For Civil Rights Under Law, Inc. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium. Craigslist, Inc. ,

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Tort Court Compensatory Damages Punitive Damages 33

Constitutional Law Reporter

MARCH 9, 2021

S. _ (2021), the Supreme Court ruled that the Federal Tort Claims Act barred college student James King’s claims of police brutality. He also sued the officers individually under the implied cause of action recognized by Bivens. In Brownback v. King ,592 U. 2676 and precluded him from raising separate claims under Bivens v. .

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Court Rules Tort Court Cause of Action 52

JonathanTurley

MAY 7, 2022

We have previously discussed this tort theory. In this case, Judge Koeltl wrote: To state a claim for defamation under New York law, a plaintiff must allege, among other elements, a statement that is “of and concerning” the plaintiff. ” It found that it lacked personal jurisdiction. In Neiman-Marcus v.

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Court Tort Cause of Action Constitutional Law 33

JonathanTurley

DECEMBER 23, 2020

The 41-page lawsuit, which seeks unspecified damages for emotional distress and violation of state law for distribution of intimate personal material without Hill’s consent, against defendants Salem Media Group Inc., Sullivan have long limited tort law where it would undermine the first amendment. Mail Media, Inc.,

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Tort Cause of Action Court Constitutional Law 40