Day on Torts

OCTOBER 20, 2023

Because these claims were based in tort rather than wrongful death, the Court of Appeals ruled that they accrued to the decedent at the time of her fatal injuries and the settlement proceeds should have been distributed to her estate, not to her surviving spouse. On appeal, the trial court was reversed. Continue reading

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Tort Compensatory Damages Court Rules Court 52

Day on Torts

APRIL 6, 2022

Plaintiff’s initial complaint was filed in May 2009 and sought $1 million in compensatory damages and $1 million in punitive damages. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In Turner v.

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Compensatory Damages Punitive Damages Court Rules Court 59

Conflict of Laws

JUNE 3, 2021

Assume that you successfully obtained a favourable judgment from a foreign court that orders the losing party to pay punitive damages in addition to compensatory damages. Could the judgment be enforced in Japan where punitive damages are considered as contrary to public policy? Introduction.

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SCOTUSBlog

JANUARY 12, 2021

The Supreme Court heard oral argument on Tuesday in the case of a Georgia student who was stopped from handing out religious literature and speaking about his faith on the campus of his public college. The question before the court on Tuesday in Uzuegbunam v. After the U.S.

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JonathanTurley

NOVEMBER 18, 2022

In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. While courts have ruled that “a public employee’s right to freedom of speech is not absolute.” 2013), the Supreme Court in Pickering , 391 U.S. Pretty low odds. 205 , 391 U.S. Garcetti v.

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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. punitive damages.

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Tort Court Compensatory Damages Punitive Damages 34

SCOTUSBlog

JULY 2, 2021

Montana Department of Revenue , the Supreme Court ruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v. In Carson v.

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Compensatory Damages Court Education Court Rules 141

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency’s (EPA’s) Affordable Clean Energy Rule (ACE Rule) for greenhouse gas emissions from power plants rested on an erroneous interpretation of the Clean Air Act that barred EPA from considering measures beyond those that apply at and to an individual source.

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