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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.

Court 88
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Exclusive: You keep using that word; I don’t think you know what it means.

Patently O

Lots of work over the years has gone into determining whether a particular cause of action meets the arising under requirement of these provisions. 251 (2013) (patent litigation attorney malpractice lawsuit does not arise under the Patent Act). ” 28 U.S.C. See, for example, Gunn v. Minton , 568 U.S. See Wilton v.

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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. His negligence is also likely attributable to the employer.

Tort 36
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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.

Tort 37
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Spooky Torts: The 2023 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.

Tort 46
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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. Last year, the Kellem family started early by bagging a 30-pound wild Turkey in Indiana when it went smashing through their rental car window. The result is a horn of plenty for litigators. Some 1,800 ate the catered meal.

Tort 33
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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. Given this “unmitigable prejudice,” the court concluded “that this litigation cannot, in good conscience, continue in the Tribe’s absence.”