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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

Talevski did not reveal a Supreme Court ready to reconsider or overrule a line of cases allowing private suits for damages in federal court under 42 U.S.C. Robbins responded that private litigation is antithetical to the substantial enforcement power and discretion FNHRA accords states and the secretary of health and human services.

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Exclusive: You keep using that word; I don’t think you know what it means.

Patently O

The pending Supreme Court case of Warsaw v. There are two different statutes regarding Federal Court exclusive jurisdiction over patent cases. One giving US district courts exclusive original jurisdiction over US patent cases and the second giving the Federal Circuit exclusive appellate jurisdiction over appeals in patent cases.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. Again, the court agreed. Toy Company, Inc.

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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

In 2020, parents in Indiana were given a warning in a Facebook post that the Indiana State Police seized holiday edibles featuring packaging that resembles that of actual name brands — but with the word “medicated” printed on the wrapper along with cannabis symbols. Again, the court agreed. Toy Company, Inc.

Tort 36
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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

On June 15, 2023, the court issued the ultimate judgment not only on the torts claims but perhaps the state of our politics. Louis, a Missouri court was faced with a claim from Carly Munoz who in 2019 sent to Six Flags’ Fright Fest with her cousin. A tort action for intentional infliction of emotional distress is likely to fail.

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TURKEY TORTS (2020)

JonathanTurley

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. We have yet to see a filing over the emotional distress caused by this year’s microwave Turkey prank where college kids are texting their parents to ask how long to cook their turkeys in the microwave.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

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. climate litigation charts. New Jersey Federal Court Remanded Hoboken’s Climate Case Against Fossil Fuel Companies to State Court. and non-U.S.