JonathanTurley

SEPTEMBER 9, 2021

The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. America Online, Inc., 3d 327, 330-31 (4th Cir.

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Tort Court Compensatory Damages Punitive Damages 33

SCOTUSBlog

DECEMBER 2, 2023

At the same time, the dispute also raises broader questions about whether and when it is appropriate to resolve mass tort cases – that is, lawsuits brought by a group of people who have been harmed in a similar way, such as in a plane crash or by a defective product – through the bankruptcy system. And in Sept.

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Conflict of Laws

MARCH 22, 2022

Reimann: Human Rights Litigation Beyond the Alien Tort Claims Act: The Crucial Role of the Act of State Doctrine. The Kashef case currently before the federal courts in New York shows that human rights litigation against corporate defendants in the United States is alive and well.

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Contract Tort Litigation Litigating 8

JonathanTurley

SEPTEMBER 21, 2021

For torts scholars, it has been a bonanza of interesting issues touching on every element of defamation law. The standard for defamation for public figures and officials in the United States is the product of a decision decades ago in New York Times v. Notably, Nunes sought to challenge New York Times v.

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Tort Immigration Cause of Action Court Rules 48

JonathanTurley

NOVEMBER 27, 2020

In celebration of Thanksgiving, I give you our annual Turkey Torts of civil and criminal cases that add liability to libations on this special day (with past cases at the bottom). Indeed, the torts and crimes recorded this year seem painfully reminiscent of this loathsome year. Some 1,800 ate the catered meal.

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JonathanTurley

OCTOBER 30, 2023

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve. In another June 2023 decision in Munoz v.

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Tort Litigation Litigating Manufacturing 45

JonathanTurley

MAY 7, 2022

He lost efforts to prevent a $10,000 per day fine for contempt in failing to turn over evidence on his assets in the civil investigation by New York Attorney General Letitia James. While Southern District of New York Judge John Koeltl does not mention sanctions, he does categorically dismiss the actions on various grounds.

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Court Tort Cause of Action Constitutional Law 33

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. He is facing criminal charges in New York. In my torts class, I teach defamation and often discuss the California retraction law.

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SCOTUSBlog

JUNE 16, 2022

Hochul , involving New York State’s mandate that health care workers must have received a COVID-19 vaccination to remain on the job. Monsanto had argued that FIFRA labeling provisions preempted state tort causes of action for failure to warn. First up is Dr. A v.

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JonathanTurley

JANUARY 4, 2022

We previously discussed an interesting challenge by Prince Andrew to the applicability of the the age-of-consent in New York to the case. However, such settlements often extend beyond the state of execution and this agreement expressly refers to any actions that Guiffre could bring in “state or federal” courts.

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Punitive Damages Cause of Action Litigation Litigating 33

ClimateChange-ClimateLaw

JULY 2, 2021

The federal district court for the Western District of New York denied a motion to dismiss a lawsuit challenging a U.S. Department of Agriculture (USDA) final rule establishing an optional new inspection system for hog slaughter establishments. City of New York v. Bernhardt , Nos. 21-4019, 21-4020 (10th Cir.

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Court Statute Litigation Litigating 44

JonathanTurley

DECEMBER 23, 2020

The Court in cases like New York Times v. Sullivan have long limited tort law where it would undermine the first amendment. at 510 (quoting New York Times, 376 U. ” Finally, there is the potential conflict with the First Amendment similar to the Westboro case on the emotional distress tort action.

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