Constitutional Law Reporter

APRIL 10, 2024

Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The District Court found that because Freed managed his Facebook page in his private capacity, and because only state action can give rise to liability under §1983, Lindke’s claim failed. In Lindke v.

Court 52

Court Cause of Action Government Court Rules 52

Day on Torts

DECEMBER 8, 2022

Under Tennessee Rule of Civil Procedure 41.01, “the right of the plaintiff to dismiss the action without prejudice is free and unrestricted except in limited and well-defined circumstances.” Rule 41.01 Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

MAY 11, 2022

Notably, subsection (a)(2) specifically states that the certificate of good faith “must certify that ‘there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115.” The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case.

Tort 59

Tort Statute Cause of Action Court 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. The District Court ruled that all class members had Article III standing on each of the three statutory claims. But under Article III, an injury in law is not an injury in fact. Milkovich v. Lorain Journal Co.,

Court 52

Court Cause of Action Tort Punitive Damages 52

Day on Torts

JANUARY 11, 2021

Making all reasonable inferences in plaintiff’s favor here, the Court of Appeals found that the deputy’s actions could be considered operational and that immunity was thus removed under the GTLA, unless a defense applied. internal citation omitted). There is, however, an exception to the immunity provided by the Public Duty Doctrine.

Cause of Action 59

Cause of Action Tort Court Statute 59

Day on Torts

APRIL 29, 2021

The Court quickly rejected this assertion, pointing out that “a plaintiff cannot disclaim HCLA pre-suit requirements by asserting health care claims under the guise of common law torts.” This conclusion is most aligned with Tennessee law and public policy. Here, [defendants] received the Notice on April 25, 2019.

Tort 59

Tort Cause of Action Statute Court 59

Day on Torts

MAY 3, 2022

According to the Supreme Court, “[a] negligent act or omission is operational when it is made (1) in the absence of a formulated policy guiding the conduct or omission; or (2) when the conduct deviates from an established plan or policy.” The Court reasoned: We conclude that the acts alleged in the complaint are operational.

Tort 59

Tort Cause of Action Court Statute 59

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 which dealt with service outside Australia.

Court 40

Court Prima Facie Case Statute Laws 40

Conflict of Laws

AUGUST 19, 2021

This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity [1]. Territorial Jurisdiction of Courts in Nigeria. The court has no power to order service out of the area of its jurisdiction except where so authorised by statute or other rule having force of statute.”

Court 76

Court Contract Statute Laws 76

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. 286 (“no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.”)

Statute 59

Statute Cause of Action Court Rules Court 59

JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. §

Tort 33

Tort Court Compensatory Damages Punitive Damages 33

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. The jurisdiction and applicable law in the specific case of Bonga spill litigation have been closely followed inter alia by Geert van Calster here.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

ClimateChange-ClimateLaw

DECEMBER 11, 2020

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. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

Court 54

Court Government Litigation Litigating 54

SCOTUSBlog

JUNE 16, 2022

The petitioners also ask the court to overrule Employment Division v. Smith , which holds that laws of general applicability that burden religious exercise are not subject to strict scrutiny. The court faced but did not decide the issue of whether to overrule Smith in Fulton v. Both the district court and the U.S.

Government 92

Government Education Court Cause of Action 92

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” See Pennsylvania General Assembly Statute §7102.

Tort 44

Tort Litigation Litigating Manufacturing 44

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. In my torts class, I teach defamation and often discuss the California retraction law. The law is one of the most restrictive in the county.

Tort 32

Tort Cause of Action Laws Court 32

ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

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. The court found that, as pled, the complaint was “premised solely on state law” and that City of New York v. By Margaret Barry and Korey Silverman-Roati.

Litigation 40

Litigation Litigating Court Laws 40