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Court explores continued private enforcement of spending clause enactments

SCOTUSBlog

This case presents whether a resident deprived of those rights can sue a publicly owned and operated nursing home under Section 1983, which provides a cause of action against government actors who deprive anyone of rights secured by the “laws” of the United States, meaning other federal statutes, including spending clause enactments.

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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

VCR is a government nursing facility in Indiana owned by petitioner Health and Hospital Corp., It follows that a third-party beneficiary of a spending clause “contract” — such as the residents of a facility receiving federal funds and charged with protecting those residents — cannot enforce that contract through a Section 1983 action.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

She insists in the video that she knows all of the governing legal rules and shows the path in detail. In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

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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. His negligence is also likely attributable to the employer.

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September 2021 Updates to the Climate Case Charts

ClimateChange-ClimateLaw

The fossil companies argue that Baltimore’s claims arise under federal law and also that the action was removable pursuant to the Outer Continental Shelf Lands Act because it has a connection with the companies’ activities on the outer continental shelf. As in Baltimore’s appeal, states led by Indiana, trade groups, and the U.S.

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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

” She even posted a walk-through video and insisted that she knows all of the governing legal rules. When police arrested Cochenour, they found blood on is clothing. __ In 2015, federal and state governments were cracking down on cosmetic contact lenses to give people spooky eyes. Her body exhibited “defensive wounds.”

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